The Board has denied service connection for the cause of death and DIC under 38 U.S.C. § 1151, but has remanded the issue of DIC under 38 U.S.C. § 1318 due to an allegation of CUE in a prior rating decision.
The deciding factor: The Veteran's death was not caused by his service-connected disabilities and there is no evidence linking his causes of death to VA care or treatment.
- Claimed conditions
- gastrointestinal hemorrhage, duodenal ulcer, cirrhosis
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- May 4, 2023
- Citation
- 23025846
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 23025846.
What this means for you
A partial grant means some issues were granted while others were denied or remanded — common in multi-issue claims. Look at which issues went which way, and how each was argued.
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 or substantially contributed to by any service-connected disability, and thus denied the claim for service connection for cause of death.
- Remanded (sent back)
The Board has dismissed the appeal for accrued benefits and has remanded the issue of service connection for cause of death, as there was a duty to assist error related to obtaining a medical nexus opinion regarding in-service herbicide agent exposure.
- Granted
The Board has determined that the Veteran's Hepatitis C with cirrhosis is related to service, and therefore grants service connection for these conditions.
- Remanded (sent back)
The Board has determined that the cause of the Veteran's death (hepatitic failure, cirrhosis, and chronic hepatitis C) is not directly related to his Marine Corps service or any verified in-service exposures. The VA examiner's opinion was found inadequate due to its reliance on the absence of medical literature without a discussion of specific facts.
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.