The Veteran died in January 2008 from congestive heart failure. His service-connected disabilities did not cause his death.,The appellant seeks DIC benefits under 38 U.S.C.A. § 1318, but the claim is denied as there was no qualifying disability rating for at least ten years immediately preceding death.
The deciding factor: The Veteran's service-connected disabilities did not cause his death and played no substantial or material part in it.,There was no qualifying disability rating of 100% for at least ten years prior to the Veteran's death, as required by 38 U.S.C.A. § 1318.
- Claimed conditions
- Congestive Heart Failure, Residuals of Cold Injury, Right Foot, Residuals of Cold Injury, Left Foot, Bilateral Hearing Loss Disability, Tinnitus
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 70%
- Decision date
- March 5, 2014
- Citation
- 1409183
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 1409183.
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Related decisions
Other Board decisions on a similar condition or argued the same way.
- Denied
The Board denied service connection for bilateral hearing loss and tinnitus, finding that the Veteran's current conditions are not related to his military service.
- Denied
The Board denied the veteran's claims for a higher rating for PTSD and dismissed his appeals regarding increased ratings for tinnitus and a right hand disability due to lack of timely filing of Notice of Disagreement.
- Denied
The Board has denied the Veteran's claims for service connection for various conditions, including GAD, MDD, bruxism, migraines/headaches, tinnitus, hip pain, iliotibial band syndrome, and leg stress fractures. The evidence does not support current diagnoses of these conditions during the appeal period.
- Granted
The Veteran's service-connected disabilities, including bilateral pes planus with hammer toes, hallux valgus and degenerative arthritis, sleep apnea, bilateral hearing loss, tinnitus, and bilateral kidney cysts, rendered him unable to secure or follow gainful employment. The Board granted the TDIU based on these conditions.
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