The appeal for DIC benefits under 38 U.S.C. § 1318 is dismissed because the Appellant withdrew her appeal prior to a decision being made. The issue of service connection for the cause of the Veteran’s death remains and will be remanded.
The deciding factor: The Appellant withdrew her appeal for DIC benefits under 38 U.S.C. § 1318 prior to a decision being made, citing that she wished to withdraw the appeal.
- Claimed conditions
- lung cancer with metastasis to the brain and spinal cord, pleural plaques, COPD/emphysema
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- February 15, 2019
- Citation
- 19112266
Veterans Law Judge
Decisions by this judge: 1,963 · Granted: 32% (granted or partly granted, in the vetted decisions on this site)
Judge attribution: 2025 complete; earlier years partial.
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 19112266.
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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.
- Remanded (sent back)
The Board has remanded the Veteran's claims for service connection for asbestosis with pleural plaques and vascular dementia as secondary to asbestosis with pleural plaques due to a lack of an adequate medical opinion regarding the relationship between the Veteran's conditions and his military service.
- Dismissed
The appeal for a compensable rating for respiratory disorders prior to October 24, 2018; a rating in excess of 10 percent from October 24, 2018; and an evaluation in excess of 60 percent from November 6, 2024 is dismissed.
- Dismissed
The Veteran's appeal was dismissed for his claim of service connection for obstructive sleep apnea. The Board found that the issue had been resolved by a prior rating decision granting service connection and assigning a 50% disability rating.
- Remanded (sent back)
The Veteran's appeal is remanded due to the need for a new VA examination to assess his current level of severity for COPD with asbestosis, pulmonary fibrosis and plaques. The Veteran was previously rated at 30 percent but may be entitled to a higher rating.
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