The Board denied the claim for service connection for the cause of death and the claim for VA Survivors' and Dependents' Educational Assistance benefits under Chapter 35. The immediate cause of the Veteran's death was acute respiratory failure secondary to bilateral pulmonary emboli, right lung infarction, left health care associated pneumonia, sepsis with sepsis shock and staphylococcal bacteremia, status post left cerebral infarction with post t-PA thrombolysis, atrial fibrillation and dyslipidemia. Other significant conditions contributing to death included type two diabetes mellitus, hypertension, emphysema and aspiration pneumonia.
The deciding factor: The medical evidence does not establish a causal connection between the Veteran's service-connected disabilities (bilateral defective hearing and tinnitus) and his cause of death or any other condition that contributed to his death. The combined rating for these conditions was 70 percent, which is not considered continuously disabling. Additionally, the appellant did not provide authorization for VA to obtain terminal hospital records from the Veteran's time in care.
- Claimed conditions
- Acute respiratory failure secondary to bilateral pulmonary emboli, Right lung infarction, Left health care associated pneumonia, Sepsis with sepsis shock and staphylococcal bacteremia, Status post left cerebral infarction with post t-PA thrombolysis, Atrial fibrillation, Dyslipidemia, Type two diabetes mellitus, Hypertension, Emphysema, Aspiration pneumonia
- How they argued it
- Not specified
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- October 31, 2013
- Citation
- 1334972
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 1334972.
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).
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