Dyment v. Principi

Denial of claim for dependency and indemnity compensation affirmed; Veterans Court did not commit legal error by rejecting survivor's argument that Adjudication Manual creates a presumption of exposure to asbestos for veterans who served aboard Navy vessels.

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Appealed from: United States Court of Appeals for Veterans Claims Judge John J. Farley, III United States Court of Appeals for the Federal Circuit

Muriel C. Dyment, the surviving spouse of a veteran, appeals from a decision of the Court of Appeals for Veterans Claims (“Veterans Court”) affirming an order of the Board of Veterans’ Appeals that denied her claim for dependency and indemnity compensation. The Veterans Court upheld the Board’s determination that the lung condition that caused her husband’s death was not service connected. We have jurisdiction to address some, but not all, of the issues Mrs. Dyment raises on appeal. Because we conclude that the Veterans Court has not committed reversible error with regard to any of the issues that we have jurisdiction to address, we affirm the judgment of the Veterans Court.

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Dyment v. Principi

Denial of claim for dependency and indemnity compensation affirmed; Veterans Court did not commit legal error by rejecting survivor's argument that Adjudication Manual creates a presumption of exposure to asbestos for veterans who served aboard Navy vessels.

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