Citation Nr: 19166167 Decision Date: 08/27/19 Archive Date: 08/27/19 DOCKET NO. 17-10 633A DATE: August 27, 2019 ORDER Entitlement to Dependency and Indemnity Compensation (DIC) benefits as a surviving parent. FINDINGS OF FACT 1. The Veteran’s death certificate shows he died in June 2013. Cardiopulmonary arrest, respiratory failure, gram negative sepsis, and bowel obstruction are listed as the cause of death. 2. The Veteran had no service-connected disabilities at the time of his death; and his death is not shown to be due to a service-connected disability, or etiologically related to any disease, injury, or event in service. CONCLUSION OF LAW The criteria for DIC based upon service connection for the cause of the Veteran’s death have not been met. 38 U.S.C. §§ 1110, 1116, 1310, 5107(b); 38 C.F.R. §§ 3.102, 3.303, 3.307, 3.309, 3.310, 3.312. REASONS AND BASES FOR FINDINGS AND CONCLUSION The Veteran served on active duty from December 1969 to November 1971. He died in June 2013. The appellant, the Veteran’s mother, seeks indemnity and compensation (DIC) benefits for the Veteran’s death. DIC is payable to the surviving parents of Veterans who die after December 31, 1956, provided the Veteran was discharged or released from active service under conditions other than dishonorable, death was due to a service-connected or compensable disability, or the Veteran died while in active service. 38 U.S.C. § 1310. Generally, a veteran's death is service-connected if it resulted from a disability incurred or aggravated in the line of duty in the active military, naval, or air service. 38 U.S.C. §§ 101(16), 1110; 38 C.F.R. §§ 3.1(k), 3.303. In this case, the Veteran’s death certificate shows that he died from cardiopulmonary arrest, respiratory failure, gram negative sepsis, and bowel obstruction. At the time of his death the Veteran had no service-connected disabilities, and the record does not indicate that the listed causes of death (cardiopulmonary arrest, respiratory failure, gram negative sepsis, and bowel obstruction) are in any way related to the Veteran’s active duty service. Service treatment record fail to show any treatment, diagnosis, or complaints for cardiopulmonary arrest, respiratory failure, gram negative sepsis, or bowel obstruction and upon service separation upon contemporaneous examination, all systems were noted as being normal. Furthermore, VA treatment records fail to show that the Veteran causes of death are in any way related to his ative duty service. The Board notes that at the time of death the Veteran was in receipt of 100 percent non-service connected pension and was deemed disabled due to HIV, hepatitis C, and hypertension. However, he was not service connected for any of these disabilities. Thus, although the Veteran was honorably discharged from service and was in receipt of non-service connected pension at the time of his death, his death was not due to a service-connected or compensable disability. Therefore, the weight of the evidence of record is against the claim and entitlement to DIC benefits must be denied. The Board would like to express that it is extremely sympathetic toward the Appellant's claim and is deeply appreciative of the Veteran's service, including his service during the Vietnam Era. However, as none of the competent, relevant evidence of record indicates that the Veteran died from a service-connected or compensable disability, the claim must be denied. As the preponderance of the evidence is against the Appellant’s claim, the benefit-of- the-doubt doctrine is not applicable. 38 U.S.C. § 5107(b); see also Gilbert v. Derwinski, 1 Vet. App. 49 (1990). M. Donohue Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board T. Quinn, Associate Counsel The Board’s decision in this case is binding only with respect to the instant matter decided. This decision is not precedential, and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.