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
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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 remands the Veteran's claim for service connection for a respiratory disorder, to include pulmonary hypertension, asbestosis, pleural plaques, and obstructive and restrictive lung diseases, due to inadequate VA examination and opinion.
- Partly granted
The 100 percent rating for lung cancer was discontinued effective November 1, 2024, as the Veteran's lung cancer is in remission and no longer active. The claim for a compensable disability rating for lung cancer residuals has been remanded.
- Remanded (sent back)
The Board remands the matter for a new VA examination to determine the current severity of the Veteran's respiratory disability, including pleural plaques and COPD.
- Dismissed
The appeal was dismissed because the veteran passed away during the pendency of the appeal. The Board does not have jurisdiction to adjudicate the merits of this appeal at this time.
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