The Veteran's death was caused by metastatic squamous cell carcinoma of the tongue, with a seizure disorder as a significant contributing factor. The claim for DIC under 38 U.S.C.A. § 1318 is dismissed due to the grant of service connection for the cause of death. The claim for nonservice-connected death pension benefits and accrued benefits are also dismissed.
The deciding factor: The Veteran's death was caused by metastatic squamous cell carcinoma of the tongue, with a seizure disorder as a significant contributing factor. Service connection for the cause of death has been granted, making the DIC claim moot.
- Claimed conditions
- seizure disorder
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- August 3, 2010
- Citation
- 1028988
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 1028988.
What this means for you
A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot. It says more about procedure than about whether a claim like this can win.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Partly granted
The Board granted an earlier effective date of October 1, 2021, for service connection for migraine headaches and seizure disorder but denied the same for PTSD with TBI.
- Partly granted
The Board granted service connection for bilateral macular hemorrhage, resolving all doubt in the Veteran's favor. The claims for other disabilities were remanded for further development.
- Dismissed
The appeal for service connection for cervical spine arthritis, lumbar spine arthritis, traumatic brain injury (TBI), seizure disorder, and erectile dysfunction has been dismissed due to the Veteran's death.
- Granted
The Board granted an earlier effective date of June 4, 2015 for special monthly compensation (SMC) based on the need for aid and attendance.
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