The Veteran's claim for service connection was pending at the time of his death, but the appellant did not file a timely claim for accrued benefits within one year of the Veteran’s death. The appellant's application for VA burial benefits cannot serve as a timely claim for accrued benefits.
The deciding factor: The appellant filed her claim for accrued benefits more than one year after the Veteran's death and an application for VA burial benefits cannot be used to infer a claim for accrued benefits.
- Claimed conditions
- cancer of the spine, lung, prostate, brain
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- April 8, 2019
- Citation
- 19126942
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 19126942.
What this means for you
A denial is a starting point, not the end of the road. You can see why this claim fell short — and, if you are still inside the one-year window, the appeal lanes that may remain open to you.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Dismissed
The Veteran's claim for service connection for metastatic adenocarcinoma, including colon, liver, lungs, and brain cancer, was dismissed due to his death.
- Denied
The Board found that the veteran's cancer of the larynx, vocal cord, bladder, and prostate, colonic polyps, and skin lesions were not incurred in or aggravated by service, nor may they be presumed to have been incurred therein.
- Dismissed
The Board has dismissed the veteran's appeal for service connection for asbestosis, lung, and breathing problems to include as due to radiation and asbestos exposure. The veteran's hearing loss is granted as a result of aggravation during service.
- Dismissed
The veteran's appeal was dismissed due to his death, and the Board has no jurisdiction to adjudicate the merits of this claim.
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