The Board has restored DIC benefits based on service connection for the cause of the Veteran’s death, finding that the RO improperly severed this benefit due to procedural errors and incorrect application of the clear and unmistakable evidence standard.
The deciding factor: The Board found that the RO improperly applied the clear and unmistakable evidence standard in severing service connection for the cause of the Veteran's death. The presumption of exposure to herbicide agents applies, as the Veteran had actual presence in Vietnam during his service on the USS Valley Forge.
- Claimed conditions
- Liver cancer, Diabetes mellitus
- How they argued it
- Presumptive (no nexus needed)
- Exposure basis
- Agent Orange / herbicides
- Rating assigned
- None in this decision
- Decision date
- January 15, 2020
- Citation
- 20003455
Veterans Law Judge
Decisions by this judge: 1,874 · Granted: 33% (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 20003455.
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 Board has granted the Veteran's claim for payment or reimbursement of ambulance travel expenses incurred on June 17, 2025 due to an emergency heart attack. The ambulance service was provided by a volunteer organization and later intercepted by a higher-tier EMT company.
- Denied
The Board has determined that the Veteran's death was not caused by any service-connected disability, and thus denied his claim for service connection for cause of death.
- Denied
The Veteran's service-connected disabilities did not preclude him from obtaining or maintaining substantially gainful employment prior to September 28, 2021. From September 28, 2021 to May 22, 2022, the Veteran had a combined total disability rating of 100%, which rendered the issue moot as he was already receiving SMC based on his service-connected disabilities.
- Denied
The Board denied service connection for an acquired psychiatric disorder and diabetes mellitus, but granted TDIU for the period prior to January 26, 2024.,Prior to this decision, the Veteran withdrew his claim of service connection for diabetes mellitus.
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