The Veteran died in February 2006 due to freshwater drowning with hypothermia. The Board found that the appellant did not meet the legal requirements for DIC benefits under 38 U.S.C.A. § 1318, as she was not service-connected for any disability at the time of her husband's death and thus could not qualify based on a previously service-connected condition. The appellant also does not meet the income or net worth requirements for nonservice-connected death pension benefits. Therefore, accrued benefits are denied.
The deciding factor: The Veteran did not have any service-connected disabilities at the time of his death, which is required to establish eligibility for DIC under 38 U.S.C.A. § 1318 and for nonservice-connected death pension benefits under 38 C.F.R. § 3.274.
- Claimed conditions
- nerves, diabetes
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- September 27, 2013
- Citation
- 1331180
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 1331180.
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Related decisions
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- Remanded (sent back)
The Veteran's claims for service connection for hypertension, diabetes, heart disease, and kidney disease are being remanded due to the need for VA examinations to determine if these conditions are related to his exposure to contaminants in the water supply at Camp Lejeune during service.
- Dismissed
The Veteran's appeals for increased evaluations and service connection were dismissed due to his death.
- Denied
The Veteran's tinnitus and hearing loss claims are denied as there is no current diagnosis of these conditions.,The Veteran's high cholesterol, dementia, stroke, prostate cancer, cataracts, diabetes, hypertension, CHF, and myocardial infarction claims are denied due to lack of service connection evidence or insufficient evidence to establish a nexus between the disabilities and active duty service.,The Veteran was exposed to toxins during his military service but there is no evidence linking these exposures to any of the claimed conditions.
- Dismissed
The Veteran's appeal concerning diabetes and a low back disability has been dismissed due to their death during the pendency of the appeal.
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