The Board has determined that the Veteran's death was not due to his own willful misconduct and he was entitled to DIC benefits under 38 U.S.C. § 1318, but the basic threshold criteria for establishing entitlement are not met.
The deciding factor: The Veteran did not meet the requirement of having a service-connected disability rated as totally disabling continuously for at least ten years immediately preceding death.
- Claimed conditions
- squamous cell carcinoma of the tonsil, squamous cell carcinoma of the lung
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- August 19, 2022
- Citation
- 22047258
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 22047258.
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.
- Granted
The Veteran's squamous cell carcinoma of the tonsil is granted service connection due to herbicide exposure during service. The cause of death, metastatic head cancer, is also granted as it was a contributory cause.
- Remanded (sent back)
The Board has decided to remand the case due to a lack of medical opinion and consideration of prior service. The claim for service connection for cause of death is being reconsidered.
- Denied
The Board denied the Veteran's claim for service connection for squamous cell carcinoma of the tonsil, finding that there was no evidence linking the cancer to his military service or toxic exposures.
- Granted
The Board granted service connection for the veteran's squamous cell carcinoma of the lung, acknowledging that the evidence was at least in equipoise regarding the relationship between the veteran's exposure to contaminated water at Camp Lejeune and his current condition.
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