Citation Nr: 20022519
Decision Date: 04/01/20	Archive Date: 04/01/20

DOCKET NO. 17-28 368A
DATE: April 1, 2020

ORDER

The claim of entitlement to VA home loan guaranty benefits is granted.

FINDING OF FACT

1. The Appellant is the Veteran’s surviving spouse.

2. In December 2019, the Board granted entitlement to service connection for the cause of the Veteran’s death.

CONCLUSION OF LAW

The basic eligibility criteria for VA home loan guaranty benefits have been satisfied.  38 U.S.C. § 3701 (2012); 38 C.F.R. § 3.315 (b) (2019).

REASONS AND BASES FOR FINDINGS AND CONCLUSION

The Veteran had honorable active duty service with the United States Navy from July 1951 to July 1955.  The Veteran passed away in September 1984, and the Appellant is his surviving spouse.  The instant matter is on appeal from a November 2015 decision.

1. The claim of entitlement to VA home loan guaranty benefits

A certificate of eligibility for housing loan guaranty benefits is granted only to veterans who satisfy the basic entitlement criteria outlined in 38 U.S.C. §§ 3701 and 3702.  For these purposes, the term “veteran” includes in pertinent part, the surviving spouse of any veteran who died from a service-connected disability, or the surviving spouse of a deceased veteran who was in receipt of or entitled to receive compensation at the time of his death for a service-connected disability rated totally disabling, where certain other conditions are met.  38 C.F.R. § 3701 (b)(2), (6).

In this instance, the Veteran passed away in September 1984 due to colon cancer, which was found to be etiologically related to his exposure to asbestos during service.  The Board granted entitlement to service connection for the Veteran’s cause of death in December 2019.  Thus, the Appellant is eligible for VA loan guaranty benefits as the surviving spouse of the Veteran under the provisions of 38 U.S.C. § 3701 (b) (2).

 

 

B. MULLINS

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	H. Fisher, 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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.