The Board denied DIC benefits because the Veteran's death was not caused by a service-connected disability, and there is no evidence of negligence or fault on the part of VA. The cause of death was attributed to nicotine dependence.
The deciding factor: The weight of the evidence did not support a finding that the Veteran’s hypoxic respiratory failure was related to his active service or any service-connected condition.
- Claimed conditions
- hypoxic respiratory failure, chronic obstructive airway disease
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- May 20, 2020
- Citation
- A20008996
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 A20008996.
What this means for you
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Related decisions
Other Board decisions on a similar condition or argued the same way.
- Partly granted
The Board granted service connection for the cause of death and migraine headaches, but denied an increased rating for PTSD.
- Remanded (sent back)
The Board has remanded the case due to insufficient medical opinion regarding the cause of death and contributory causes. The Veteran's cause of death is attributed to interstitial lung disease, which may be related to asbestos exposure, but other conditions like chronic kidney disease, diabetes mellitus type 2, peripheral arterial occlusive disease, hypothyroidism, hyperlipidemia, and hypertension are also considered.
- Granted
The Veteran's cause of death, hypoxic respiratory failure, was found to be caused by or as a consequence of his service-connected lung cancer. The Board granted service connection for the cause of death based on evidence that the Veteran's lung cancer was due to asbestos exposure during service.
- Denied
The Veteran's death was caused by multiple conditions, including diabetes mellitus, rheumatoid arthritis, and hyperlipidemia. The Board found that these conditions were not service-connected.,The appellant sought service connection for the cause of the Veteran's death due to his service, but provided no specific evidence supporting this claim.
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