12-02 683
12-02 683
| Board of Vet. App. | Aug 31, 2016Background
- Veteran served on active duty Apr 1947–Mar 1953 and died Aug 2010; appellant is surviving spouse seeking DIC.
- Death certificate lists pneumonia as immediate cause; COPD, coronary artery disease (CAD), and diabetes mellitus (DM) as contributing conditions; tobacco use noted.
- Veteran had service medical records showing generally normal lung/cardiac/endocrine findings; limited acute respiratory treatment in service but no persistent diagnoses; diabetes and CAD first documented decades after service (DM in 1990s; COPD/CAD noted in 2008).
- VA Regional Office and the Board previously remanded for development; VA obtained medical record reviews and nexus opinions in Aug 2014 and Jan 2015 concluding it was less likely than not that the fatal conditions were related to service.
- Board found duty to notify and assist satisfied, found VA medical opinions persuasive, and concluded preponderance of evidence weighs against service connection for cause of death.
- Board denied DIC because no competent evidence established a nexus between service and the disabilities causing or contributing to death.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether veteran's death (pneumonia/COPD/CAD/DM) is service-connected for DIC | Appellant: fatal conditions had onset in or were related to service, entitling surviving spouse to DIC | VA/Board: medical evidence and record show conditions first manifested long after service; VA opinions find no nexus; lay statements are not medically competent to establish nexus | Denied — preponderance of evidence shows no service connection for cause of death |
Key Cases Cited
- Scott v. McDonald, 789 F.3d 1375 (Fed. Cir.) (VA notice duties and appellate procedures)
- Mason v. Goober, 230 F.3d 1330 (Fed. Cir.) (long post-service gap can weigh against service causation)
- Davidson v. Shinseki, 581 F.3d 1313 (Fed. Cir.) (lay evidence limits for medical diagnosis)
- Jandreau v. Nicholson, 492 F.3d 1372 (Fed. Cir.) (criteria for competence of lay evidence on medical matters)
- Buchanan v. Nicholson, 451 F.3d 1331 (Fed. Cir.) (lay testimony and establishing medical diagnoses)