The veteran was granted service connection for grand mal convulsions and a total disability rating based on individual unemployability due to his service-connected disabilities. However, he did not meet the criteria for DIC benefits under 38 U.S.C. § 1318 as he did not receive or be entitled to receive compensation for a service-connected disability rated totally disabling for at least ten years immediately preceding his death.
The deciding factor: The veteran's total disability rating was based on his service-connected grand mal convulsions, which were rated as 100% disabling. However, the veteran did not meet the statutory requirement of having received or been entitled to receive compensation for a service-connected disability rated totally disabling for at least ten years immediately preceding his death.
- Claimed conditions
- metastatic adenocarcinoma of the lung, grand mal convulsions
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 80%
- Decision date
- August 9, 2005
- Citation
- 0521485
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 0521485.
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
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Remanded (sent back)
The Board has determined that the Veteran's cause of death is related to his exposure to environmental toxins at Fort Riley and/or Fort Lewis, including herbicides, pesticides, or other toxic chemicals during his active-duty service. The AOJ must obtain further research and provide a VA clinician with the necessary information to determine if there is a link between the Veteran's lung cancer and his military service.
- Granted
The Veteran's death was caused by type 2 diabetes mellitus and metastatic adenocarcinoma of the lung, which were presumed to be due to his in-service exposure to herbicide agents in Guam. The claim for service connection for the cause of the Veteran's death is granted.
- Granted
The Board has determined that the Veteran's service-connected obstructive lung disease, breathing problems, and chronic cough contributed to his death from lung cancer. The decision grants service connection for the cause of death.
- Granted
The Veteran's cause of death, metastatic adenocarcinoma of the lung, is determined to be related to his in-service exposure to radiation. The Board granted service connection for the cause of the Veteran's death based on presumptive service connection due to radiation exposure.
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