The Veteran's death was not due to his own willful misconduct and he had a service-connected disability rated as totally disabling for at least 10 years immediately preceding his death. However, the Veteran did not meet the criteria for DIC under 38 U.S.C. § 1318 because he was not continuously rated as totally disabled during the 10-year period before his death.
The deciding factor: The Veteran's death was not due to service-connected causes and he did not meet the eligibility requirements of 38 U.S.C. § 1318 for DIC benefits.
- Claimed conditions
- pleural plaque of the lungs, lung cancer
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- May 23, 2019
- Citation
- 19139860
Veterans Law Judge
Decisions by this judge: 1,828 · 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 19139860.
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's claim for a higher evaluation of his service-connected chronic fatigue and weakness due to chemotherapy and radiation treatment for lung cancer is granted, with an evaluation of 60 percent.,The Veteran's claim for a compensable rating for residuals of lung cancer from May 1, 2005 is denied.
- Remanded (sent back)
The Board has decided to remand the case due to a need for further evaluation of the Veteran's lung cancer and its relationship to service, including any in-service granuloma.
- Dismissed
The Board has vacated its decisions granting service connection for lung cancer and remanding issues of tinnitus and TDIU, but the Veteran's death means these appeals are dismissed.
- Remanded (sent back)
The Board has remanded the Veteran's claims for service connection for kidney cancer and lung cancer due to a lack of adequate medical opinion regarding the etiology of his kidney cancer, which is presumed to be related to herbicide exposure. The claim for lung cancer is inextricably intertwined with the kidney cancer claim.
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