The Board has granted service connection for the cause of the Veteran's death and dismissed the claim for DIC under the provisions of 38 U.S.C.A. § 1318.
The deciding factor: The Veteran's service-connected disabilities contributed substantially or materially to his death from congestive heart failure, which was found at least as likely as not to be aggravated by his gunshot wound residuals.
- Claimed conditions
- Congestive heart failure, Right thigh gunshot wound residuals with right knee degenerative joint disease, Left thigh gunshot wound residuals with left knee degenerative joint disease, Right forearm, wrist, and hand gunshot wound residuals, Bilateral pes planus
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- July 27, 2010
- Citation
- 1028040
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 1028040.
What this means for you
A grant means the Board agreed the veteran was entitled to the benefit. Decisions like this show the kind of evidence and arguments that tend to succeed for claims like it.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Granted
The Veteran's claim for service connection for heart condition was granted with an effective date of August 1, 2019. The decision is based on evidence showing exposure to diesel and gas fuel during service.
- Remanded (sent back)
The Board has determined that the Veteran's current bilateral pes planus is not service-connected due to a duty-to-assist error, and remands the case for further examination and opinion.
- Denied
The Veteran's claim for SMC(o) was denied as he could not receive multiple awards of SMC(l). The right shoulder bicipital tendonitis rating was denied, and the TDIU claim was granted.
- Granted
The Veteran is granted SMC at the (r)(1) rate due to his service-connected major depressive disorder and congestive heart failure, which require regular aid and attendance.
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