The Board denied the appellant's claim for DIC benefits based on service connection for cause of death due to her husband's amyotrophic lateral sclerosis, as he did not have continuous active service for 90 days or more.
The deciding factor: The appellant's husband served in the National Guard but did not meet the requirement of having at least 90 days of continuous active service. Therefore, his death could not be considered due to a service-connected disability.
- Claimed conditions
- Amyotrophic lateral sclerosis (ALS)
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- July 20, 2010
- Citation
- 1027084
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 1027084.
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Related decisions
Other Board decisions on a similar condition or argued the same way.
- Granted
The Board granted service connection for the cause of death, concluding that the Veteran's amyotrophic lateral sclerosis (ALS) contributed substantially and materially to his death.
- Remanded (sent back)
The Board denied the claims for earlier effective dates, finding that it was not factually ascertainable that the Veteran suffered from the loss of use of both feet prior to February 13, 2014.
- Denied
The Board denied the Appellant's claim for additional DIC benefits pursuant to 38 U.S.C. § 1311(a)(2) as the Veteran was not in receipt of, and was not entitled to receive, compensation for a service-connected disability that was rated totally disabling for a continuous period of at least eight years immediately preceding his death.
- Denied
The Veteran's cause of death was due to ALS, a condition that became presumptively service-connected in September 2008. However, the appellant remarried prior to this change and is therefore not eligible for retroactive DIC benefits.
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