The Board denied the claim for DIC and service connection for the cause of the Veteran's death as the Veteran did not have active military, naval, or air service. The Decedent had only ACDUTRA service in the California Army National Guard and was not disabled from a disease or injury incurred during this period.
The deciding factor: The Veteran did not have 'active military, naval, or air service' as defined by VA regulations, thus he could not be considered a veteran for purposes of presumptive service connection under 38 C.F.R. § 3.318.
- Claimed conditions
- ALS
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- December 7, 2017
- Citation
- 1756360
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 1756360.
What this means for you
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Related decisions
Other Board decisions on a similar condition or argued the same way.
- Granted
The Veteran's cause of death was determined to be motor neuron disease with respiratory failure. The Board found that the Veteran had an ALS diagnosis and granted service connection for his cause of death, as it resulted from a motor neuron disorder.
- Denied
The Board denied service connection for the Servicemember's cause of death, including ALS, myasthenia gravis, and metastatic prostate cancer, as they were not incurred during or related to his military service.
- Granted
The Veteran's cause of death was determined to be motor neuron disease with respiratory failure. The Board found that the Veteran had an ALS diagnosis and granted service connection for his cause of death, as it resulted from a motor neuron disorder.
- Granted
The Veteran's cause of death was determined to be motor neuron disease with respiratory failure. The Board found that the Veteran had an ALS diagnosis and granted service connection for his cause of death, as it resulted from a motor neuron disorder.
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