The Board denied both claims: recognition as a POW and service connection for the cause of death. The appellant's contentions were not supported by credible evidence.
The deciding factor: There was no credible evidence to establish that the Veteran was recognized as a POW or that any service-connected disability contributed to his death.
- Claimed conditions
- Chronic obstructive pulmonary disease, Pulmonary tuberculosis, Bronchial asthma, Cerebral insufficiency (likely due to arteriosclerotic heart disease), Emphysema, Cor pulmonale
- How they argued it
- Not specified
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- April 6, 2010
- Citation
- 1013039
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. Read the original VA decision (opens in a new tab) using citation 1013039.
What this means for you
A final Board denial may be appealed to the U.S. Court of Appeals for Veterans Claims, generally within 120 days of the Board mailing date. A Supplemental Claim with new and relevant evidence is a separate option. Another Higher-Level Review of the Board decision is not available. Check your own notice: this historical decision does not set your deadline.
What you can do next
Use your own notice and decision stage. A remanded issue is not a final court-appealable denial. VA review guidance and CAVC filing instructions (U.S. federal; reviewed October 7, 2026).
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Whole decision: Remanded (sent back)
The Veteran's death was caused by acute hypoxic respiratory failure and chronic obstructive pulmonary disease, with hypertension as a significant contributing factor. The Board finds that remand is necessary to obtain the Veteran's complete military records and treatment records.
- Whole decision: Granted
The Veteran's bronchial asthma has been rated at 30% since January 7, 2004. The Board has now granted a 60% rating effective from November 14, 2024, based on the evidence showing FEV-1/FVC of 40 to 55 percent during the appeal period.
- Whole decision: Granted
The Veteran was granted a TDIU with a September 19, 2024 effective date based on his PTSD, emphysema, and COPD symptoms. His diabetes, tinnitus, and left ear hearing loss were not found to prevent him from securing or following a substantially gainful occupation prior to March 19, 2024.
- Whole decision: Denied
The Veteran's cause of death was listed as emphysema, but the Board found no causal connection to service or a service-connected disability. The Veteran did not meet the criteria for DIC benefits under 38 U.S.C. § 1318.
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