The Board denied service connection for the cause of the Veteran's death, finding that his respiratory condition was not related to service or radiation exposure. The claim for Dependents' Educational Assistance (DEA) benefits was also denied.
The deciding factor: The evidence did not establish a link between the Veteran's respiratory condition and service or radiation exposure in Hiroshima and Nagasaki.
- Claimed conditions
- Acute respiratory failure due to chronic obstructive pulmonary disease (COPD), Right femoral neck fracture
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- June 15, 2012
- Citation
- 1221095
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 1221095.
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: Granted
The Veteran's right femoral neck fracture rating was restored to 60 percent effective May 1, 2018. He also received a separate noncompensable rating for limitation of flexion of the thigh.
- Whole decision: Denied
The Board finds that the Veteran's death was not caused by VA hospital care, medical or surgical treatment, and there is no evidence of any fault on the part of VA. The cause of death was a pulmonary embolism due to the femoral fracture.
- Whole decision: Denied
The veteran's claim for reimbursement or payment of unauthorized medical services rendered after the first two days of his private hospitalization in St. John's Medical Center from December 10 to 22, 2003, and during his stay in the RCU of St. John's Medical Center from December 22 to 26, 2003, was denied as he was sufficiently stabilized for transfer to a VA facility.
- Whole decision: Granted
The veteran's right femoral neck fracture is currently rated at 30 percent disabling. The Board finds that the evidence does not support a higher rating, as there is no indication of dislocation or recurrent subluxation and the disability is evaluated based on functional loss due to pain.
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