The Veteran's death was not caused by a service-connected disability, and the claim for DIC under 38 U.S.C. § 1318 is denied as there was no qualifying service-connected disability at the time of his death.
The deciding factor: The evidence does not establish that any of the Veteran's conditions were causally related to his active service or to herbicide exposure, and he did not meet the criteria for DIC under 38 U.S.C. § 1318 as there was no qualifying service-connected disability at the time of his death.
- Claimed conditions
- Acute respiratory failure, Carcinoma metastasis of both lungs, Carcinoma of the colon
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- April 4, 2023
- Citation
- 23020474
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 23020474.
What this means for you
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What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Denied
The Board has determined that the Veteran's death was not caused by any service-connected disability, and thus denied his claim for service connection for cause of death.
- Denied
The Board has denied the Veteran's claim for service connection for cause of death due to acute respiratory failure and subdural hematoma, finding that no service-connected disability contributed substantially or materially to his death. The Veteran served in Vietnam but there is no evidence of a service-connected condition related to Agent Orange exposure.
- Remanded (sent back)
The Board has determined that the Veteran's cause of death (acute respiratory failure, atrial fibrillation, and/or hypertension) is related to his active duty service, including from exposure to toxins and chemicals from open burn pits during the harsh winters in Korea. The Board finds a pre-decisional duty to assist error and remands for obtaining a VA medical opinion.
- Denied
The Veteran's cause of death was due to acute respiratory failure, with pulmonary edema, acute renal failure, renal cell cancer, and coronary artery disease as contributing causes. The VA examiner found that the asbestos exposure did not contribute to these conditions.
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