The Board determined that the appellant did not knowingly submit fraudulent evidence, thus forfeiture of her eligibility for VA benefits was not proper. The claim for DIC under 38 U.S.C.A. § 1318 is denied as there are no service-connected disabilities rated totally disabling at the time of death.
The deciding factor: The medical records submitted by the appellant were determined to be inauthentic, and it is not clear beyond a reasonable doubt that she was aware they were false when submitted.
- Claimed conditions
- hypertension, ischemic heart disease, subdural hematoma, subdural effusion
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 12, 2010
- Citation
- 1001908
This is a plain-language summary generated by AI from a public Board of Veterans’ Appeals decision. It can contain errors — always verify against the original. Look up the original decision on VA.gov (opens in a new tab) using citation 1001908.
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
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- Granted
The Board granted an effective date of October 21, 2021, for the grant of service connection for hypertension.
- Partly granted
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- Dismissed
The appeal for a compensable rating for left ear hearing loss, service connection for right ear hearing loss, and bilateral vision condition was dismissed. Service connection for hypertension, congestive heart failure, and coronary artery disease was denied.
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