The Board denied the appellant's claims of reopening her service connection claim for cause of the veteran's death and her DIC claim under 38 U.S.C.A. § 1318 due to lack of new and material evidence, and because she was not entitled to compensation based on a service-connected disability.
The deciding factor: The Board found that no new and material evidence had been received to reopen the service connection claim for cause of death, as the cause of death (acute myocardial infarction) is not related to any service-connected condition. The appellant was also not entitled to DIC benefits under 38 U.S.C.A. § 1318 because she did not have a service-connected disability at the time of her husband's death.
- Claimed conditions
- acute myocardial infarction, severe coronary arteriosclerosis, cardiomegaly, pulmonary thromboembolism
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- August 11, 2008
- Citation
- 0826989
This is a plain-language summary generated by AI from a public Board of Veterans’ Appeals decision. It can contain errors — always verify against the original. Look up the original decision on VA.gov (opens in a new tab) using citation 0826989.
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Related decisions
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- Remanded (sent back)
The Veteran's appeal is remanded for a new VA examination to determine the current nature and severity of his service-connected coronary artery disease (CAD), status post myocardial infarction and coronary artery bypass graft (CABG), with cardiomegaly, and valvular heart disease. The examiner must address the impact of medication on the Veteran's disability.
- Denied
The Board denied the veteran's claims for increased ratings and earlier effective dates, as well as a TDIU.
- Remanded (sent back)
The Board remands the claim for an addendum opinion regarding the Veteran's cause of death, specifically addressing whether in-service toxic exposures led to hypertension and ultimately caused his death.
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