The DIC claim is denied as the Veteran did not meet the criteria for entitlement to DIC benefits under 38 U.S.C. § 1318. The service connection for the cause of death is remanded due to lack of a medical opinion regarding the etiology of the Veteran's colon cancer.
The deciding factor: The Veteran did not meet the criteria for entitlement to DIC benefits under 38 U.S.C. § 1318, as he was not rated by VA as being totally disabled for at least ten years immediately preceding death or upon separation from service.
- Claimed conditions
- colon cancer
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 24, 2020
- Citation
- 20005031
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.
- 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.
- Denied
The Board denied service connection for colon cancer as the evidence did not support a link between the Veteran's current condition and their in-service toxic exposure risk activity.
- Remanded (sent back)
The Board remands the service connection claim for colon cancer to obtain a medical opinion on its etiology, particularly regarding exposure to contaminated water at Camp Lejeune.
- Dismissed
The appeal was dismissed due to the Veteran's death during the pendency of the claims.
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