The appellant's claim for accrued benefits was denied as the Veteran had no pending claims at the time of his death and her application was filed more than one year after his death.
The deciding factor: No pending service connection claim was pending at the time of the Veteran's death, making the appellant ineligible for accrued benefits.
- Claimed conditions
- lung disease, pneumonia
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- April 15, 2010
- Citation
- 1014369
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 1014369.
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.
- Denied
The Board denied the Veteran's claims for service connection for pneumonia, diabetic ketoacidosis (DKA), and asthma as causes of death. The evidence did not support finding that these conditions were related to his service-connected disabilities.
- Dismissed
The Board dismissed the claims for increased ratings for lung disease and residuals of esophageal cancer as moot because the Veteran was already in receipt of the highest possible ratings for these conditions, which are in effect for the entirety of the appeal period. The claim for special monthly compensation (SMC) at a higher level based on need for aid and assistance due to the Veteran's condition prior to his passing is granted.
- Remanded (sent back)
The Veteran's claim for service connection for a respiratory disorder, including COPD and emphysema, is being remanded due to the submission of new and relevant evidence. The Board finds that the evidence submitted tends to disprove a link between his current condition and active service.
- Remanded (sent back)
The Board has remanded the claims of service connection for hypercholesterolemia, hypertension, and pneumonia due to insufficient evidence in the record. The Veteran's current diagnoses are not supported by the medical records provided.
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