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 assigned
- None in this decision
- Decision date
- December 4, 2019
- Citation
- 19191213
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 19191213.
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.
- 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.
- 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.
- Remanded (sent back)
The Board has remanded the claims of service connection for a mental disorder and metastatic esophageal cancer due to insufficient evidence on the etiology of these conditions. The Veteran's aircraft maintenance duties are alleged to be related to his current health issues.
- Granted
The Veteran's service-connected diabetes mellitus is found to have contributed substantially or materially to his death from metastatic esophageal cancer, and the Board grants service connection for the cause of the Veteran’s death.
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