The Veteran's cause of death is not related to service, and the appellant did not file a claim for accrued benefits within one year of his death.,Survivors pension was denied due to the appellant exceeding the applicable maximum annual pension rates (MAPRs).,Accrued benefits were denied as the appellant did not file an accrued benefit claim within one year of the Veteran's death.
The deciding factor: The cause of death is unrelated to service-connected disability, and there was no evidence linking it to a service-connected condition.,The appellant's income exceeded the applicable maximum annual pension rates (MAPRs), preventing her from receiving survivors pension benefits.,The appellant did not file an accrued benefit claim within one year of the Veteran's death.
- Claimed conditions
- Acute and congestive heart failure, Dilated cardiomyopathy
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 2, 2024
- Citation
- A24062809
Veterans Law Judge
Decisions by this judge: 2,199 · Granted: 25% (granted or partly granted, in the vetted decisions on this site)
Judge attribution: 2025 complete; earlier years partial.
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 A24062809.
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Related decisions
Other Board decisions on a similar condition or argued the same way.
- Denied
The Board has denied the Veteran's claims for service connection for hypertension and dilated cardiomyopathy, finding that there is no evidence to support a nexus between these conditions and his military service.
- Granted
The Veteran's death was caused by congestive heart failure due to (or as a consequence of) dilated cardiomyopathy, with significant contributing conditions including aspiration pneumonia and pulmonary fibrosis. Service connection for the cause of death has been granted.,Asbestos exposure in service is conceded, and a VA medical opinion supports the conclusion that asbestos exposure contributed substantially to the Veteran's cause of death.
- Denied
The Board denied the claim for service connection for the cause of the Veteran's death, finding that his heart and respiratory disabilities were not incurred in or etiologically related to service, including exposure to herbicide agents.
- Remanded (sent back)
The Veteran's claim for service connection for a heart disability, including on a presumptive basis due to herbicide exposure in Vietnam, is remanded. The Board notes that the Veteran has a history of heart treatment and a diagnosis of dilated cardiomyopathy. A medical opinion is needed regarding whether his diagnosed heart disability is at least as likely as not related to his presumed herbicide agent exposure.
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