The Board found that the August 23, 2007 rating decision denying service connection for the cause of death was based on incorrect application of law and evidence. The outcome would have been different if the RO had considered whether diabetes mellitus, a presumptively service-connected condition due to herbicide exposure (Agent Orange), contributed to the Veteran's death.
The deciding factor: The Board found that the August 23, 2007 rating decision failed to consider whether the Veteran’s diabetes mellitus was a contributory cause of his death, which would have resulted in service connection for the cause of death being granted.
- Claimed conditions
- Diabetes mellitus, type II, Metastatic gastric adenocarcinoma
- How they argued it
- Presumptive (no nexus needed)
- Exposure basis
- Agent Orange / herbicides
- Rating assigned
- None in this decision
- Decision date
- April 1, 2019
- Citation
- 19123991
What this means for you
A grant means the Board agreed the veteran was entitled to the benefit. Decisions like this show the kind of evidence and arguments that tend to succeed for claims like it.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Granted
The Veteran is granted special monthly compensation (SMC) at the R(1) rate due to his need for regular aid and attendance.
- Denied
The Board denied service connection for the Veteran's cause of death, finding no evidence that his death was related to any injury or disease in service, including exposure to herbicide agents.
- Dismissed
The appeal was dismissed due to the Veteran's death during the pendency of the appeal.
- Denied
The Board denied the Veteran's appeal for a rating in excess of 20 percent for diabetes mellitus, as the evidence did not support the need for insulin or episodes of ketoacidosis or hypoglycemic reactions requiring hospitalization.
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