The Board has determined that the September 1995 rating decision denying DIC benefits was clearly and unmistakably erroneous due to a failure to consider the primary cause of death, which was respiratory cancer. The effective date for the grant of DIC benefits is set at January 19, 1995.
The deciding factor: The Board found that the September 1995 rating decision did not properly account for the primary cause of the veteran's death, which was respiratory cancer, and thus constituted clear and unmistakable error.
- Claimed conditions
- metastatic melanoma, bronchopneumonia
- How they argued it
- Presumptive (no nexus needed)
- Exposure basis
- Agent Orange / herbicides
- Rating assigned
- None in this decision
- Decision date
- May 24, 2002
- Citation
- 0205080
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 0205080.
What this means for you
A grant means the Board agreed the veteran was entitled to the benefit. Decisions like this show the kind of evidence and arguments that tend to succeed for claims like it.
What you can do next
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