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. Search VA.gov for the original decision (opens in a new tab) using citation 0205080.
What this means for you
A grant means the Board allowed the benefit or issue identified in this decision. Review the original order: other issues in the same appeal may have a different outcome, and this decision does not predict another claim.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Granted
The Board has granted the Veteran's claim for service connection for metastatic melanoma, finding that it is related to in-service sun exposure.
- Denied
The Veteran's cause of death was not related to his military service, including any in-service dental work or ionizing radiation exposure. The Board denied the claim for service connection.
- Remanded (sent back)
The Board has remanded the case due to a duty to assist error, specifically regarding the relationship between the Veteran's atherosclerotic cerebrovascular accident and his in-service exposure to herbicide agents. The examiner is asked to provide an opinion on whether this condition qualifies as ischemic heart disease for purposes of presumptive service connection.
- Remanded (sent back)
The Veteran's claims for service connection for bronchopneumonia and frost bite on hands and feet are remanded due to the lack of VA treatment records and a need for a VA examination.
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