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
- Not verified here — check the original 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. Read the original VA decision (opens in a new tab) using citation 1331180.
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: 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.
- Whole decision: Dismissed
The Veteran's appeals for increased evaluations and service connection were dismissed due to his death.
- Whole decision: 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.
- Whole decision: 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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