The Veteran's death was caused by encephalopathy, which is linked to his exposure to Agent Orange during service. The appeal for DIC based on service connection for the cause of death is granted. The appeal for accrued benefits is dismissed as all claims have been addressed.
The deciding factor: The death certificate directly links the Veteran's fatal encephalopathy to his presumed in-service exposure to Agent Orange, meeting the criteria for DIC based on service connection for the cause of death.
- Claimed conditions
- Encephalopathy, Chronic renal failure, Hypoalbuminemia
- How they argued it
- Presumptive (no nexus needed)
- Exposure basis
- Agent Orange / herbicides
- Rating assigned
- None in this decision
- Decision date
- October 18, 2023
- Citation
- A23028821
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 A23028821.
What this means for you
A grant means the Board agreed the veteran was entitled to the benefit. Decisions like this show the kind of evidence and arguments that tend to succeed for claims like it.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Denied
The Board denied DIC benefits under 38 U.S.C. § 1151 for the cause of the Veteran's death, finding that VA did not provide carelessness, negligence, or lack of proper skill in furnishing medical treatment.
- Remanded (sent back)
The Board remands the claims for service connection for the Veteran's cause of death and Dependency and Indemnity Compensation under 38 USC 1318 due to a need for a medical opinion regarding the etiology of the Veteran's causes of death, considering toxic exposure at Camp Lejeune.
- Remanded (sent back)
The Board remands the claim for service connection for the Veteran's cause of death to obtain additional medical opinions regarding the relationship between the Veteran's congestive heart failure, aortic stenosis, and chronic renal failure and his conceded exposure to contaminated water at Camp Lejeune.
- Remanded (sent back)
The Board has decided to remand the case due to a duty-to-assist error, requiring an additional VA medical opinion regarding the cause of the Veteran's death.
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