The Board found that the Veteran's service-connected disabilities did not cause or contribute substantially to his death.
The deciding factor: There was no evidence linking the Veteran's service-connected conditions, including cervical and lumbar radiculopathy, to the immediate cause of death (cardiopulmonary arrest) or to multisystem organ failure. The primary cause of death was listed as cardiopulmonary arrest due to multisystem organ failure, with complications from open heart surgery.
- Claimed conditions
- Degenerative arthritis of the right hand, Degenerative arthritis of the lumbar spine with radiculopathy, Degenerative arthritis of the left hand, Degenerative arthritis of the cervical spine, with limitation of motion, Degenerative arthritis of the thoracic spine, with limitation of motion, Deafness, Malaria, Idiopathic urticaria, Gastritis, Hemorrhoids
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- March 13, 2009
- Citation
- 0909385
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.
- Partly granted
The Board granted an initial disability rating of 30 percent for degenerative arthritis of the cervical spine but denied a total disability rating based on individual unemployability (TDIU).
- Remanded (sent back)
The Board remands the issues of increased rating for back disability, service connection for sleep apnea, left heel, and hemorrhoids, as well as entitlement to a TDIU prior to August 1, 2025, for additional development.
- Partly granted
The Veteran's cervical spine disability is granted a 30 percent rating, while the lumbar and lower extremity radiculopathy claims are denied. An earlier effective date for right lower extremity radiculopathy was granted, and TDIU based on single service-connected disability is remanded.
- Dismissed
The Board dismissed the appeals for higher ratings on all claims due to untimely Notices of Disagreement.
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