The Veteran died of hypoxia due to chronic obstructive lung disease. The Board found that the Veteran did not meet the criteria for DIC benefits under 38 U.S.C.A. § 1318 as he was not rated by VA as totally disabled for at least 10 years prior to his death.
The deciding factor: The Veteran's death certificate listed chronic obstructive lung disease and anoxic brain injury as causes of death, but the Veteran did not meet the criteria for DIC benefits under 38 U.S.C.A. § 1318 due to lack of total service-connected disability rating for at least 10 years prior to his death.
- Claimed conditions
- chronic obstructive lung disease, anoxic brain injury
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 30%
- Decision date
- November 26, 2010
- Citation
- 1044406
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 1044406.
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Related decisions
Other Board decisions on a similar condition or argued the same way.
- Remanded (sent back)
The Veteran's death is attributed to multiple conditions, including chronic obstructive lung disease. The Board has decided that the service connection for the cause of death must be remanded due to a duty-to-assist error.
- Partly granted
The Board granted service connection for exostosis right foot and bilateral plantar fasciitis, but denied service connection for hysterectomy, left shoulder pain, right shoulder pain, dysmenorrhea, chronic obstructive lung disease, female sexual arousal disorder, and a foot callus.
- Remanded (sent back)
The Board remands the claim for a medical opinion regarding the etiologies of the Veteran's depression, alcohol use disorder, hypertension, and COPD in relation to his cause of death.
- Denied
The Board denied service connection for muscle weakness, anoxic brain injury, heart failure, and dysphagia as secondary to respiratory failure with hypoxia, and denied special monthly compensation based on the need for aid and attendance or housebound status.
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