The Veteran's cause of death is alleged to be related to his service in the Republic of Vietnam, specifically due to presumed herbicide exposure. The appeal involves claims for accrued benefits and DIC under 38 U.S.C.A. § 1318.
The deciding factor: The claimant did not receive proper notification regarding how to substantiate her claims for accrued benefits and DIC under 38 U.S.C.A. § 1318, including the specific requirements of section 5103(a).
- Claimed conditions
- esophageal cancer, renal failure
- How they argued it
- Not specified
- Exposure basis
- Gulf War
- Rating assigned
- None in this decision
- Decision date
- February 26, 2010
- Citation
- 1007190
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 1007190.
What this means for you
A remand is not a loss. The Board sent the case back for more development — often a new exam or missing records — before making a final decision. Many remands later end in a grant, and the decision spells out exactly what the Board wanted to see.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Remanded (sent back)
The Board remands the claim for a VA medical opinion to determine if the Veteran's service-connected disabilities, including medications taken therefor, were a substantial or contributing factor in his death.
- Remanded (sent back)
The Board remands the claim for service connection for the Veteran's cause of death to correct predecisional duty to assist errors, including obtaining additional records and a medical nexus opinion.
- Denied
The Board denied service connection for various conditions, including renal failure, sleep apnea, erectile dysfunction, blackout spells, swelling of the eyelids, diminished eyesight, sleep deprivation, and bladder incontinence. The Board also denied a rating in excess of 10 percent for left ankle tendonitis associated with residual scar.
- Granted
The Veteran's esophageal cancer is granted service connection due to herbicide exposure during his service in the Republic of Vietnam.
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