The Veteran's death was not caused by any service-connected disability, and there is no evidence of negligence or error on the part of VA. The claim for DIC under 38 U.S.C. § 1151 is denied as well. There were no accrued benefits due to the Veteran at his time of death.
The deciding factor: The Board found that the cause of the Veteran's death was not service-connected and there was no evidence of negligence or error on VA's part in providing care, leading to denial of all claims.
- Claimed conditions
- pneumonia, respiratory failure, lung cancer
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 10, 2019
- Citation
- 19177788
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.
- Granted
The Board granted service connection for the cause of the Veteran's death, finding that his lung cancer was related to his service-connected melanoma.
- Partly granted
The Board granted an effective date of December 12, 2023, for a 50 percent evaluation of bipolar disorder and remanded the other issues for further development.
- Denied
The Board denied service connection for pneumonia and remanded the claims for iodine allergy, pilonidal cyst, sulfa allergy, heart disability, acquired psychiatric disorder, and lower and upper extremity disabilities.
- Remanded (sent back)
The Board remands the claim for service connection for the cause of the Veteran's death due to an inadequate VA medical opinion and a need for additional evidence.
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This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.