The Veteran's widow is not eligible for CHAMPVA benefits because the Veteran's disability was not service-connected, and therefore, she cannot claim eligibility based on accrued compensation or DIC benefits.
The deciding factor: The Veteran's disability was established under 38 U.S.C.A. § 1151 due to VA treatment, which does not qualify for CHAMPVA benefits as defined by the statute.
- Claimed conditions
- osteomyelitis of the cervical spine status post anterior cervical corpectomy, chronic granulomatous disease with cervical myelopathy
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- June 21, 2010
- Citation
- 1022968
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 1022968.
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.
- Granted
The Board has determined that the veteran's chronic granulomatous disease with cervical myelopathy was aggravated by VA treatment in 1988, and this aggravation contributed to his death. Therefore, the claims for compensation under 38 U.S.C.A. § 1151 for accrued benefits and DIC are granted.
- Denied
The Board denied the veteran's claims for increased ratings for his service-connected lumbar myositis, psychoneurosis and conversion hysteria, residuals of shrapnel wounds of the left thigh and pelvis with retained foreign bodies and scars, and residuals of shell fragment wounds of the right thigh and left leg. The veteran was also denied entitlement to a total disability rating based on individual unemployability due to service-connected disabilities.
- Denied
The Board denied the Veteran's claim for an initial evaluation in excess of 10 percent for his service-connected coronary artery disease, finding that the evidence did not support a higher rating based on the severity of his condition.
- Denied
The Veteran's service-connected musculoligamentous strain, right knee, is currently rated at 10 percent and the Board finds that a higher rating is not warranted.
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