The Board denied the appellant's claims for service connection for the cause of the veteran's death, entitlement to DIC benefits under 38 U.S.C.A. § 1318, and reimbursement of burial and funeral expenses.
The deciding factor: There is no competent evidence showing that the veteran's death was caused by an illness or disease incurred in or aggravated by military service, nor did he meet the criteria for entitlement to DIC benefits under 38 U.S.C.A. § 1318, and the claim for reimbursement of burial and funeral expenses was denied as it was filed more than two years after the permanent burial or cremation of the body.
- Claimed conditions
- Anterior myocardial infarction due to coronary disease, Peripheral vascular disease (PVD)
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 9, 2009
- Citation
- 0900972
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 issues of a higher rating for CAD with atherosclerosis and an earlier effective date for PVD to obtain additional evidence.
- Partly granted
The Board granted service connection for peripheral vascular disease (PVD) as secondarily aggravated by diabetes, right leg amputation and scar as secondary to PVD, and SMC for loss of use of the right foot. The evaluation in excess of 20 percent for diabetes was denied.
- Granted
The Board granted service connection for a heart disability, ED, and PVD as secondary to the Veteran's service-connected diabetes mellitus.
- Remanded (sent back)
The Board remands the claim for service connection for the cause of the Veteran's death to obtain an additional medical opinion regarding the impact of his service-connected disabilities on his cause of death.
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