The Veteran's death was not the result of his own willful misconduct, but DIC benefits under 38 U.S.C. § 1318 are denied as he did not meet the criteria for total disability compensation for at least 10 years immediately preceding death. The claim of service connection for the cause of the Veteran’s death is remanded due to insufficient evidence regarding herbicide exposure.
The deciding factor: The Veteran's death was not caused by his own willful misconduct, but he did not meet the criteria for DIC benefits under 38 U.S.C. § 1318 as he did not have a service-connected disability rated totally disabling for at least 10 years immediately preceding his death.
- Claimed conditions
- metastatic esophageal cancer
- How they argued it
- Not specified
- Exposure basis
- Burn pits / airborne hazards
- Rating
- Not verified here — check the original decision
- Decision date
- December 4, 2019
- Citation
- 19191213
Veterans Law Judge
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. Read the original VA decision (opens in a new tab) using citation 19191213.
What this means for you
A remand sends an issue back for more development, often a new examination or missing records. It does not award the benefit or decide the final outcome. The original decision explains the additional work ordered.
What you can do next
Use your own notice and decision stage. A remanded issue is not a final court-appealable denial. VA review guidance and CAVC filing instructions (U.S. federal; reviewed October 7, 2026).
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Whole decision: Remanded (sent back)
The Veteran's death was caused by cardiorespiratory arrest and metastatic esophageal cancer. The appellant is recognized as the surviving spouse, but service connection for cause of death remains pending due to insufficient information on in-service exposure to herbicide agents.
- Whole decision: Partly granted
The Board denied service connection for gastrointestinal cancer other than esophageal cancer and stomach cancer, brain cancer, and prostate cancer. The issues of entitlement to service connection for esophageal cancer, metastatic esophageal cancer, lung cancer, stomach cancer, and liver cancer were remanded.
- Whole decision: Denied
The Board denied service connection for the cause of the Veteran's death and for metastatic esophageal cancer, liver cancer, and lymph node cancer as they were not related to the Veteran's service or presumed exposure to contaminated water at Camp Lejeune.
- Whole decision: Denied
The Veteran's cause of death, metastatic esophageal cancer, was not caused by his exposure to contaminated water at Camp Lejeune. The Board found the evidence did not support service connection for the cause of death.
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