The Board found that the veteran's death was not caused by a service-connected disability, and denied both his claim for service connection for the cause of his death and his DIC under 38 U.S.C.A. § 1318.
The deciding factor: There is no evidence linking the veteran's death to any service-connected condition or exposure basis.
- Claimed conditions
- gastric cancer, peritoneal carcinoma
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- March 28, 2006
- Citation
- 0608842
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 death from gastric cancer and renal failure was service-connected due to exposure to contaminated water at Camp Lejeune.
- Denied
The Board denied the claim for service connection for the cause of the Veteran's death, concluding that his stomach cancer with metastasis to liver was not related to his active duty service and did not meet the criteria for presumptive service connection due to exposure to herbicide agents, radiation, or asbestos.
- Remanded (sent back)
The appeal is remanded to provide the appellant with proper notice and to readjudicate the claim, including considering direct causation of gastric cancer due to herbicide exposure.
- Dismissed
The appeal was dismissed due to the death of the appellant.
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