The Veteran's death was not caused by his own willful misconduct, but the service-connected conditions did not meet the criteria for DIC under 38 U.S.C. § 1318.
The deciding factor: The Veteran died of respiratory failure due to aspiration pneumonia and had no service-connected disability rated as totally disabling continuously for at least 10 years immediately preceding death or, if such a period was not met, continuously for at least five years from the date of release from active duty. Additionally, there is no evidence that he would have been entitled to receive compensation due solely to CUE in a VA decision.
- Claimed conditions
- Respiratory failure, Aspiration pneumonia
- How they argued it
- Not specified
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- April 30, 2012
- Citation
- 1215430
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. Read the original VA decision (opens in a new tab) using citation 1215430.
What this means for you
A final Board denial may be appealed to the U.S. Court of Appeals for Veterans Claims, generally within 120 days of the Board mailing date. A Supplemental Claim with new and relevant evidence is a separate option. Another Higher-Level Review of the Board decision is not available. Check your own notice: this historical decision does not set your deadline.
What you can do next
Use your own notice and decision stage. A remanded issue is not a final court-appealable denial. VA review guidance and CAVC filing instructions (U.S. federal; reviewed October 7, 2026).
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Whole decision: Denied
The Board denied the Veteran's claim for service connection for cause of death, finding that there is no competent evidence linking any principal or contributory cause of his death to his service.
- Whole decision: Remanded (sent back)
The Board remands the claim for service connection of the Veteran's cause of death to obtain a medical opinion regarding the relationship between his in-service pneumonia and his aspiration pneumonia, as well as whether his TBI caused or contributed to his seizures and Parkinson's disease.
- Whole decision: Remanded (sent back)
The Board remands the claim for service connection for cause of death to obtain a medical opinion on whether the Veteran's cause of death was caused by or etiologically related to exposure to multiple vaccinations during service.
- Whole decision: Remanded (sent back)
The Board remands the claim for service connection for the cause of the Veteran's death to consider additional evidence regarding exposure to contaminated water at Camp Lejeune.
Free starter guide for your own claim
Reading this because you were denied or under-rated? Get the plain-English next steps — your appeal options, the deadline that protects you, and how appeals like yours turn out. One email, no spam.
We will only use this to send the guide. No spam, unsubscribe any time. We never sell your information.
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.