The Board denied the appellant's claims for service connection for the cause of the veteran's death, dependency and indemnity compensation under 38 U.S.C.A. § 1318, and burial benefits based on a service-connected death.
The deciding factor: The evidence failed to show that the veteran's service-connected low back condition and dysthymia either caused or contributed to his death, and he was not rated at 100 percent for more than 10 years prior to his death.
- Claimed conditions
- sepsis, metastic bladder cancer, acute posterior cerebrovascular accident
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 8, 2009
- Citation
- 0900766
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.
- Remanded (sent back)
The Board remands the claims for service connection for cause of death and dependency and indemnity compensation (DIC) benefits due to a pre-decisional duty to assist error regarding the appeal for service connection for cause of death.
- Remanded (sent back)
The Board remands the claim for service connection for cause of death to correct a pre-decisional duty to assist error related to the Veteran's exposure to contaminated water at Camp Lejeune.
- Remanded (sent back)
The Board remands the claims for service connection for the cause of the Veteran's death and DIC under 38 U.S.C. § 1318 due to an inadequate medical opinion and a need for additional development regarding potential exposures during service.
- Denied
The Board denied the claim for service connection for the cause of the Veteran's death, as sepsis and liver disease were not shown to be related to his service or any incident during it.
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.