The Veteran was not service-connected for a disability rated as 100 percent disabling for at least 10 years immediately preceding his death, and therefore the appellant is not entitled to DIC benefits under 38 U.S.C.A. § 1318.
The deciding factor: The fatal pneumonia did not have a direct causal relationship with any of the Veteran's service-connected disabilities, as there was no evidence that these conditions contributed substantially or materially to his death, combined to cause death, or aided in the production of death.
- Claimed conditions
- Left ankle arthritis, Residuals of a neck injury, Right ankle arthritis, Left hip arthritis, Chronic tension headaches
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- March 5, 2009
- Citation
- 0908183
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.
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The Board denied service connection for residuals of a neck injury, numbness in the thumbs and index fingers secondary to a neck injury, and migraine headaches. The TBI rating was remanded for further examination.
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