The Board denied the Veteran's claim for service connection for the cause of his death and denied DIC benefits under 38 U.S.C. § 1318 due to lack of evidence supporting exposure to herbicide agents during service, and because there was no direct or presumptive service connection for the conditions that caused his death.
The deciding factor: The Board found insufficient evidence to support a finding of exposure to herbicide agents during service, and thus denied service connection based on presumed exposure. The Veteran's service records did not show he served in Vietnam, and there was no evidence of exposure to herbicides near the Korean DMZ where his unit operated.
- Claimed conditions
- myocardial infraction, hypertension, lung cancer
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 27, 2020
- Citation
- 20069370
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 Board granted an effective date of October 21, 2021, for the grant of service connection for hypertension.
- Dismissed
The appeal for a compensable rating for left ear hearing loss, service connection for right ear hearing loss, and bilateral vision condition was dismissed. Service connection for hypertension, congestive heart failure, and coronary artery disease was denied.
- Denied
The Board denied service connection for various conditions, including prostate cancer and related disabilities, urinary incontinence, sleep apnea, hypertension, varicose veins, lumbar spine disability, hip arthritis, shoulder arthritis, ankle arthritis, knee strain, knee replacement, and hand arthritis. The only condition granted was a 10 percent rating for a fracture of the right proximal first metacarpal.
- Granted
The Board granted service connection for the cause of the Veteran's death, finding that his lung cancer was related to his service-connected melanoma.
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