The veteran's death was due to metastatic prostate cancer, and he did not meet the criteria for dependency and indemnity compensation under 38 U.S.C.A. § 1318 as his service-connected disability (PTSD) did not result in a total rating for at least 10 years immediately preceding his death.
The deciding factor: The veteran's PTSD was rated as 70% disabling from December 1, 1997 and he had a 20% rating for degenerative disc disease since March 4, 1996. These ratings did not meet the requirement of being in effect for at least 10 years immediately preceding his death.
- Claimed conditions
- metastatic prostate cancer
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- October 8, 2004
- Citation
- 0428017
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 0428017.
What this means for you
A final Board denial may be appealed to the U.S. Court of Appeals for Veterans Claims, generally within 120 days of the Board mailing date. A Supplemental Claim with new and relevant evidence is a separate option. Another Higher-Level Review of the Board decision is not available. Check your own notice: this historical decision does not set your deadline.
What you can do next
Use your own notice and decision stage. A remanded issue is not a final court-appealable denial. VA review guidance and CAVC filing instructions (U.S. federal; reviewed October 7, 2026).
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Whole decision: Denied
The Board denied service connection for the Servicemember's cause of death, including ALS, myasthenia gravis, and metastatic prostate cancer, as they were not incurred during or related to his military service.
- Whole decision: Remanded (sent back)
The Board has remanded the claims of entitlement to dependency and indemnity compensation for service connection for metastatic prostate cancer, as well as the claim for service connection for cause of death due to a duty to assist error. The remand is necessary because the VA examiner did not address whether the Veteran's TCE exposure during service was related to his prostate cancer.
- Whole decision: Granted
The Board has granted service connection for the cause of the Veteran's death due to exposure to herbicide agents in Vietnam, including Agent Orange. The decision is based on the presumption that the Veteran was exposed during his service.
- Whole decision: Granted
The Board has determined that the Veteran's metastatic prostate cancer, which contributed to his death, was related to his in-service toxic exposures at Camp Lejeune.
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