The Veteran's death was not due to a service-connected disability, and the appellant is not entitled to Dependency and Indemnity Compensation under 38 U.S.C.A. § 1318. The VA monthly pension amount for the surviving spouse with no dependents and the need for aid and attendance was correctly calculated from February 1, 2008.
The deciding factor: The Veteran's death certificate showed that his immediate cause of death was cardiac arrest due to or as a consequence of heart failure. The Veteran had been rated at 100% disability for an adjustment disorder with mixed features and major depressive disorder since February 7, 2006. He did not meet the durational requirements for DIC benefits under 38 U.S.C.A. § 1318.
- Claimed conditions
- adjustment disorder with mixed features, major depressive disorder
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- February 16, 2012
- Citation
- 1205984
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 1205984.
What this means for you
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Related decisions
Other Board decisions on a similar condition or argued the same way.
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The Veteran's claim for specially-adapted housing assistance and a special home adaptation grant was denied because he does not meet the criteria for either benefit based on his service-connected disabilities.
- Remanded (sent back)
The Veteran's claim for service connection for an acquired psychiatric disorder, including PTSD and major depressive disorder, is being remanded due to the need for additional development regarding his alleged stressors.
- Dismissed
The Veteran's appeal for service connection for posttraumatic stress disorder and major depressive disorder has been dismissed as the appellant requested withdrawal of the appeal.
- Remanded (sent back)
The Board has decided that the Veteran's service connection claim for an acquired psychiatric disorder, including PTSD, should be remanded due to a failure to verify a stressor related to the death of his two best friends in Iraq. The AOJ needs to develop this stressor.
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