The Veteran's death was due to esophageal cancer, but there is no evidence of a pending claim for service connection at the time of his death. The Board denies accrued benefits as there was no valid claim for which the appellant could have prevailed.
The deciding factor: There was no formal or informal claim submitted by the Veteran prior to his death for esophageal cancer, and the presumption of regularity in VA's mailing practices has not been overcome.
- Claimed conditions
- esophageal cancer
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- April 25, 2024
- Citation
- A24021321
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 A24021321.
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.
- Granted
The Board has granted service connection for the cause of death due to esophageal cancer, which is presumed to be related to exposure to herbicide agents during service in Vietnam.
- Remanded (sent back)
The Board has remanded the case due to insufficient medical opinions regarding the Veteran's prostate disability. The claims for esophageal cancer and Barrett's esophagus remain denied.
- Remanded (sent back)
The Board has determined that the AOJ committed pre-decisional duty to notify and duty to assist errors in denying the DIC claim for the cause of the Veteran's death. The claim must be remanded to allow the AOJ to make a finding regarding whether the Appellant is considered the surviving spouse, as this is a threshold requirement for DIC benefits.
- Granted
The Board has granted service connection for esophageal cancer, finding that the Veteran's presumed exposure to herbicide agents during his service near the Korean DMZ more likely than not contributed to the development of the condition.
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