The Veteran died in September 2007 and was not entitled to VA compensation or pension benefits at the time of his death. The Board found that he did not meet the criteria for a burial allowance due to lack of service-connected disability, and thus denied the claim.
The deciding factor: The Veteran's death certificate showed respiratory failure as the immediate cause of death, but chronic obstructive pulmonary disease was listed as the underlying cause. At the time of his death, he did not have any pending claims for VA benefits or be in receipt of compensation or pension benefits. The Board determined that he did not meet the criteria for a burial allowance due to lack of service-connected disability.
- Claimed conditions
- respiratory failure, chronic obstructive pulmonary disease
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- March 5, 2010
- Citation
- 1008278
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 1008278.
What this means for you
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Related decisions
Other Board decisions on a similar condition or argued the same way.
- Denied
The Veteran's causes of death were not found to be service-connected, as there was no credible evidence linking the conditions to his military service.
- Denied
The Board denied the claim for TDIU prior to October 18, 2018 due to a lack of evidence showing that the Veteran's service-connected disabilities prevented him from securing or following a substantially gainful occupation.
- Granted
The Veteran's emphysema, chronic obstructive pulmonary disease and other spontaneous pneumothorax status post thoracotomy is rated as 100% disabling since February 28, 2024. His major depressive disorder is separately rated at 70%. The Board finds that the Veteran meets the criteria for special monthly compensation under 38 U.S.C. § 1114(s) due to his service-connected disabilities.
- Dismissed
The Veteran's claims for service connection for various conditions are dismissed due to untimely filing of the Notice of Disagreement (NOD). The appeal is also dismissed as there was no good cause shown for the late filing.
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