The Board has determined that the July 2001 rating decision denying service connection for the cause of death is not CUE. The claim was reopened due to new and material evidence, but the Veteran's cause of death remains under review as it may be related to service exposure.
The deciding factor: The Veteran died from cardio-pulmonary arrest due to emphysema and mouth cancer, which are not presumptively linked to herbicide exposure. The Board found no CUE in the July 2001 decision but reopened the claim for new evidence received since then.
- Claimed conditions
- Emphysema, Mouth cancer
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- March 7, 2019
- Citation
- 19116534
Veterans Law Judge
Decisions by this judge: 1,890 · 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 19116534.
What this means for you
A remand is not a loss. The Board sent the case back for more development — often a new exam or missing records — before making a final decision. Many remands later end in a grant, and the decision spells out exactly what the Board wanted to see.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Granted
The Veteran was granted a TDIU with a September 19, 2024 effective date based on his PTSD, emphysema, and COPD symptoms. His diabetes, tinnitus, and left ear hearing loss were not found to prevent him from securing or following a substantially gainful occupation prior to March 19, 2024.
- Denied
The Veteran's cause of death was listed as emphysema, but the Board found no causal connection to service or a service-connected disability. The Veteran did not meet the criteria for DIC benefits under 38 U.S.C. § 1318.
- Granted
The Board has determined that the Veteran's COPD is etiologically related to service exposure to herbicide agents, and thus grants service connection for COPD.
- Denied
The Board denied the Veteran's claim of service connection for a respiratory disorder, including claims related to asbestos exposure and claimed ionizing radiation exposure. The evidence did not support a link between any in-service exposures and the current diagnoses.
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