The Board found that the veteran's death was not caused by any service-connected disability, and thus denied both the claim for cause of death and DIC under 38 U.S.C.A. § 1318.
The deciding factor: The Board determined that none of the service-connected disabilities contributed to the cause of death (pulmonary embolism), as they were not present during active duty or within one year of discharge, and are not associated with such service.
- Claimed conditions
- left claw foot deformity, spondylosis of the lumbar spine, degenerative joint disease of the left ankle, degenerative joint disease of the left knee, degenerative joint disease of the right knee, residuals of a left femur fracture with limitation of flexion
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- August 13, 2008
- Citation
- 0827301
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. Search VA.gov for the original decision (opens in a new tab) using citation 0827301.
What this means for you
A final Board denial may be appealed to the U.S. Court of Appeals for Veterans Claims, generally within 120 days of the Board mailing date. A Supplemental Claim with new and relevant evidence is a separate option. Another Higher-Level Review of the Board decision is not available. Check your own notice: this historical decision does not set your deadline.
What you can do next
Use your own notice and decision stage. A remanded issue is not a final court-appealable denial. VA review guidance and CAVC filing instructions (U.S. federal; reviewed October 7, 2026).
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Whole decision: Dismissed
The Veteran's appeals were dismissed due to the death of the appellant. The issues related to service connection for various conditions and disability ratings.
- Whole decision: Remanded (sent back)
The Veteran's claims for increased ratings for his bilateral hips and right knee are being remanded due to duty-to-assist errors. The VA is required to obtain the Veteran's SSA disability benefits records, provide supplemental opinions regarding the ameliorative effects of medication on his hip and knee disabilities, and correct any duty-to-assist errors.
- Whole decision: Remanded (sent back)
The Board has remanded the Veteran's claims for increased ratings for his right and left knee disabilities, as well as his right knee scar. The RO must attempt to obtain all available private treatment records from the Tennessee Orthopedic Clinic.
- Whole decision: Denied
The Veteran's appeal for a higher level of SMC was denied as he does not meet the criteria for any additional levels of SMC based on his service-connected disabilities.
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