The Board denied the appellant's claim for an earlier effective date of DIC benefits, finding that the veteran was not entitled to any VA benefits at the time of his death and thus there were no potential benefits of which to notify the appellant.
The deciding factor: The law as in effect at the time did not afford the veteran entitlement to either pension or compensation benefits based on the evidence then of record, and the appellant is precluded by law from alleging clear and unmistakable error (CUE) regarding the RO's January 1994 adjudication.
- Claimed conditions
- lung cancer, liver cancer
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- June 27, 2002
- Citation
- 0206967
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 0206967.
What this means for you
A denial is a starting point, not the end of the road. You can see why this claim fell short — and, if you are still inside the one-year window, the appeal lanes that may remain open to you.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Granted
The Veteran's claim for a higher evaluation of his service-connected chronic fatigue and weakness due to chemotherapy and radiation treatment for lung cancer is granted, with an evaluation of 60 percent.,The Veteran's claim for a compensable rating for residuals of lung cancer from May 1, 2005 is denied.
- Granted
The Board has granted service connection for intestinal cancer, liver cancer, and a liver biopsy surgical scar as secondary to the Veteran's service-connected intestinal cancer.
- Dismissed
The Veteran's appeal for service connection of liver cancer has been dismissed due to their death during the pendency of the appeal.
- Dismissed
The Veteran's appeal for service connection for liver cancer and an increased rating for irritable bowel syndrome has been dismissed due to the Veteran's death.
Free starter guide for your own claim
Reading this because you were denied or under-rated? Get the plain-English next steps — your appeal options, the deadline that protects you, and how appeals like yours turn out. One email, no spam.
We will only use this to send the guide. No spam, unsubscribe any time. We never sell your information.
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.