The Veteran's death is not service-connected due to lack of total disability for 10 years prior to his death. The cause of death claim remains pending and will be remanded.
The deciding factor: The Veteran did not meet the criteria for DIC under 38 U.S.C. § 1318 as he was not totally disabled for a period of at least 10 years immediately preceding his death, nor had he filed a claim that would have entitled him to total disability compensation.
- Claimed conditions
- colon cancer, diabetes mellitus, chronic renal failure
- How they argued it
- Reopened with new and material evidence
- Exposure basis
- Burn pits / airborne hazards
- Rating assigned
- None in this decision
- Decision date
- April 23, 2019
- Citation
- 19131145
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.
- Denied
The Board denied the Veteran's claim for service connection for chronic renal failure, finding that the evidence does not support a link between the condition and his military service.
- Remanded (sent back)
The Board remands the claims for service connection for hypertension and diabetes mellitus to obtain further medical opinions regarding their potential relationship to toxic exposures during active service.
- Remanded (sent back)
The Board remands the claims for service connection for right foot, left elbow, left hip, left ankle, and diabetes mellitus to obtain additional medical evidence.
- Remanded (sent back)
The Board remands the claim for service connection of colon cancer, claimed as due to exposure to asbestos, for an addendum opinion considering additional evidence.
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