The veteran's death from metastatic head and neck cancer was not caused by a service-connected disability. The appellant is not entitled to DIC benefits under 38 U.S.C.A. § 1318 as the veteran did not have a service-connected disability rated totally disabling at the time of his death.
The deciding factor: The evidence does not establish that the veteran's metastatic head and neck cancer was caused by a service-connected disability, nor is there any record of a service-connected disability being rated totally disabling at the time of the veteran's death.
- Claimed conditions
- Metastatic head and neck cancer
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- February 15, 2006
- Citation
- 0604331
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
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.