The Veteran's cause of death was due to malignant neoplasm of the gallbladder. The Board found that he did not meet the criteria for DIC benefits under 38 U.S.C.A. § 1318, as his service-connected disabilities (diabetes mellitus and coronary artery disease) were not rated totally disabling for at least 5 years immediately preceding death.
The deciding factor: The Veteran's cause of death was due to malignant neoplasm of the gallbladder, but his service-connected diabetes mellitus and coronary artery disease did not meet the criteria for a total disability rating for at least 5 years prior to his death.
- Claimed conditions
- malignant neoplasm of the gallbladder
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- July 8, 2015
- Citation
- 1529226
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 1529226.
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Related decisions
Other Board decisions on a similar condition or argued the same way.
- Remanded (sent back)
The Board has remanded the DIC claim due to insufficient reasoning in a previous VA opinion regarding whether VA care or negligence caused or worsened the Veteran's fatal gallbladder cancer.
- Remanded (sent back)
The Veteran's death was caused by a malignant neoplasm of the gallbladder, and the Board has decided to remand the case for further investigation into whether VA care or negligence contributed to his death.
- Granted
The Board has determined that the Veteran's gallbladder cancer is causally connected to his presumed exposure to herbicide agents in RVN, and thus service connection for the cause of death is granted.
- Remanded (sent back)
The Board has remanded the case for additional development, including obtaining medical opinions and ensuring all necessary development is completed.
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