The Board denied the petition for revision of a previously denied claim for dependency and indemnity compensation under 38 U.S.C. § 1310 and § 1318 based on service connection for the Veteran’s cause of death due to lack of evidence supporting presumptive service connection.
The deciding factor: The Board found no clear and unmistakable error in the prior decision as there was insufficient evidence to support a presumption of service connection for laryngeal cancer related to military service, specifically exposure to open burn pits during Gulf War service.
- Claimed conditions
- laryngeal cancer
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- May 19, 2020
- Citation
- 20034628
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 20034628.
What this means for you
A denial is a starting point, not the end of the road. You can see why this claim fell short — and, if you are still inside the one-year window, the appeal lanes that may remain open to you.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Granted
The Veteran's diabetes mellitus type II has been granted an increased rating of 40 percent, but no higher, for diabetic peripheral neuropathy affecting the left lower extremity.,The Veteran's diabetes mellitus type II has also been granted an increased rating of 40 percent, but no higher, for diabetic peripheral neuropathy affecting the right lower extremity.
- Granted
The Veteran's service connection claims for coronary artery disease, diabetes mellitus type II, and laryngeal cancer are granted due to presumed exposure to herbicide agents during his military service.
- Dismissed
The appeal for service connection for cause of death due to laryngeal cancer is dismissed as moot. The appeal for hypertension secondary to salivary gland injury is denied. Service connection for hypertension is granted based on the PACT Act presumption of herbicide exposure.
- Remanded (sent back)
The Board has remanded the case due to inadequate medical opinion regarding the Veteran's laryngeal cancer and its connection to service, specifically Agent Orange exposure.
Free starter guide for your own claim
Reading this because you were denied or under-rated? Get the plain-English next steps — your appeal options, the deadline that protects you, and how appeals like yours turn out. One email, no spam.
We will only use this to send the guide. No spam, unsubscribe any time. We never sell your information.
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.