The Veteran's cause of death was not related to his military service, and the Board denied entitlement to service connection for cause of death.,The Veteran did not meet the criteria for DIC under 38 U.S.C. § 1318 as he had not been rated 100% disabled for 10 years immediately preceding his death.,The appellant's income exceeded the maximum rate for nonservice-connected death pension benefits, thus denying her entitlement to such benefits.
The deciding factor: There was no evidence showing that the Veteran experienced heart or kidney issues during service or within one year of separation. The medical records did not indicate any service connection for these conditions.,The Veteran's TDIU award had an effective date based on a final decision, and there was no CUE to revise this effective date. Therefore, he did not meet the 10-year period requirement for DIC under 38 U.S.C. § 1318.,The appellant's income exceeded the maximum rate for nonservice-connected death pension benefits.
- Claimed conditions
- Acute myocardial infarction, Chronic kidney failure on hemodialysis
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 19, 2019
- Citation
- 19186568
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
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- Granted
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