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 assigned
- None in this 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. Look up the original decision on VA.gov (opens in a new tab) using citation 0827301.
What this means for you
A denial is a starting point, not the end of the road. You can see why this claim fell short — and, if you are still inside the one-year window, the appeal lanes that may remain open to you.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- 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.
- 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.
- 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.
- 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.
Free starter guide for your own claim
Reading this because you were denied or under-rated? Get the plain-English next steps — your appeal options, the deadline that protects you, and how appeals like yours turn out. One email, no spam.
We will only use this to send the guide. No spam, unsubscribe any time. We never sell your information.
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.