The Board found that the appellant did not submit a timely substantive appeal from the June 2004 rating decision denying service connection for the cause of the Veteran's death and DIC benefits under 38 U.S.C.A. § 1318, and thus her claim is denied. The VA treatment provided to the Veteran was found not to meet the criteria for a 38 U.S.C.A. § 1151 claim due to lack of evidence showing that the additional disability resulted from carelessness, negligence, or similar fault on VA's part.
The deciding factor: The appellant did not file a timely substantive appeal within the required time limit and no request for extension was submitted prior to expiration of the period. The Board also found that there is insufficient evidence to support a claim under 38 U.S.C.A. § 1151 due to VA treatment.
- Claimed conditions
- Cause of death not service-connected
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- March 21, 2011
- Citation
- 1111034
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 1111034.
What this means for you
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