The Board denied the appellant's claim for retroactive payment of DIC benefits during the period from December 1, 1989 and prior to October 1, 2009. The decision was based on her remarriage after October 1, 1998.
The deciding factor: The Board found that the appellant's remarriage in 1989 precluded eligibility for retroactive DIC benefits under VA regulations.
- Claimed conditions
- metastatic large cell lung cancer, metastatic lung cancer
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- May 19, 2017
- Citation
- 1717391
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 1717391.
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Related decisions
Other Board decisions on a similar condition or argued the same way.
- Granted
The Veteran's cause of death, metastatic lung cancer, was found to be related to service and caused or contributed substantially to the Veteran's death. The Board granted entitlement to service connection for the Veteran's cause of death.
- Granted
The Veteran's cause of death was metastatic neuroendocrine carcinoma, which is presumed to be related to his exposure to herbicides during service in Vietnam. The Board found that the Veteran's service-connected metastatic lung cancer contributed substantially or materially to his death.,Entitlement to DIC under 38 U.S.C. § 1318 was dismissed as moot due to the grant of service connection for the cause of the Veteran's death.
- Remanded (sent back)
The Board has remanded the case due to insufficient evidence regarding whether the Veteran's esophageal cancer, which caused his death, was related to his service exposure to herbicide agents.
- Denied
The Veteran's cause of death was not caused by a service-connected disability, and the cancer did not manifest to a compensable degree within one year after discharge from service. The Veteran was rated 100% disabled for his mental health disorder less than two years before his death, but he was not rated continuously for ten years preceding death or continuously since release from active duty for at least five years preceding death.
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