The veteran's death was not caused by his own willful misconduct, but the cause of death (adenocarcinoma of an unknown primary site with metastases) is not service-connected. The veteran did not meet the criteria for DIC benefits under 38 U.S.C.A. § 1318.
The deciding factor: The cause of death was due to a cancer that is not service-connected, and there is no evidence showing it was caused by a service-connected disability or exposure to herbicides.
- Claimed conditions
- adenocarcinoma of an unknown primary site, metastases
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- June 8, 2000
- Citation
- 0015097
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 0015097.
What this means for you
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What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Remanded (sent back)
The Veteran's claim for compensation under 38 U.S.C. 1151 is remanded due to a duty to assist error, and the case is also remanded for readjudication of issues related to bladder or urinary disorders and metastases.
- Remanded (sent back)
The Veteran's cause of death is remanded for further review due to new evidence submitted by the Appellant suggesting a possible link between his astrocytoma and exposure to herbicides during service. The DIC claim is also remanded as it is inextricably intertwined with the service connection issue.
- Dismissed
The Board dismissed the appeal due to the death of the appellant, as appeals do not survive their deaths.
- Dismissed
The Board dismissed the appeal because the appellant failed to submit a completed VA Form 21-4142, which would have authorized VA to obtain terminal medical records necessary to adjudicate the claim of entitlement to service connection for the Veteran's cause of death. The evidence was insufficient to determine whether a service-connected disability was singly or with some other condition the immediate or underlying cause of the Veteran’s death.
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