The DIC claim is denied as the Veteran did not meet the criteria for receiving benefits under 38 U.S.C. § 1318 due to lack of continuous total disability rating. The cause of death remanded for further development.
The deciding factor: The Veteran was not continuously rated as totally disabled during the 10 years preceding his death, and he did not meet any other criteria for DIC under 38 U.S.C. § 1318.
- Claimed conditions
- nasopharyngeal cancer
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 4, 2020
- Citation
- 20071082
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 20071082.
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 matter for a VA medical opinion to determine the likely etiology of the Veteran's nasopharyngeal cancer, including whether it is related to his service or exposure to herbicide agents.
- Granted
The Board granted service connection for nasopharyngeal cancer, finding that the Veteran's condition is related to his in-service exposure to herbicide agents.
- Granted
The Board granted service connection for nasopharyngeal cancer, finding that the evidence is at least evenly balanced as to whether it is related to military service, specifically herbicide exposure.
- Denied
The Board denied service connection for diabetes mellitus, type II, right and left lower extremity diabetic neuropathy, degenerative disc disease with osteoporosis ('back disability'), and remanded the claim of service connection for nasopharyngeal cancer as due to exposure toxins for the period prior to August 10, 2022.
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