The Board denied the appellant's claims for service connection for the cause of the veteran's death and dependency and indemnity compensation benefits under 38 U.S.C.A. § 1318, as there was no evidence that a service-connected disability caused or contributed to the veteran's death.
The deciding factor: The Board found that the Veteran's service-connected left shoulder disability did not cause or contribute substantially or materially to his death, and he did not meet the requirements for dependency and indemnity compensation benefits under 38 U.S.C.A. § 1318.
- Claimed conditions
- Respiratory failure, Cerebral vascular accident, Atrial fibrillation
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- February 10, 2009
- Citation
- 0904858
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.
- Granted
The Board granted service connection for congestive heart failure with implanted pacemaker, bradycardia, valvular heart disease, and atrial fibrillation, secondary to the Veteran's service-connected hypertension.
- Remanded (sent back)
The Board is remanding the claim for service connection of the Veteran's cause of death due to a lack of adequate medical evidence regarding the potential nexus between atrial fibrillation and in-service exposure, as well as other service-connected disabilities.
- Granted
The Board granted service connection for posttraumatic stress disorder, obstructive sleep apnea as secondary to PTSD, atrial fibrillation as secondary to hypertension, and congestive heart failure with cardiomyopathy and ventricular hypertrophy as secondary to hypertension.
- Remanded (sent back)
The Board of Veterans' Appeals remands the issues of service connection for bilateral hearing loss, a recurrent sleep disability to include obstructive sleep apnea, and ratings for atrial fibrillation and a right groin scar due to unverified periods of active duty with the Florida Air National Guard.
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