http://www.va.gov/vetapp16/Files4/1630435.

txt
Citation Nr: 1630435
Decision Date: 07/29/16
DOCKET NO.
)
)

Archive Date: 08/04/16

09-32 624 ) DATE

On appeal from the

Department of Veterans Affairs Regional Office in Huntington, West Virginia
THE ISSUES
1.

Entitlement to service connection for the cause of the Veteran's death.

2.

Entitlement to dependency and indemnity compensation (DIC) pursuant to

3.

Entitlement to DIC benefits under 38 U.S.C.A. 1318.

4.

Entitlement to service connection for malignant glial neoplasm, for acc

REPRESENTATION
Appellant represented by: Michael Miskowiec, Attorney
WITNESSES AT HEARING ON APPEAL
Appellant and daughter
ATTORNEY FOR THE BOARD
A. Barner, Counsel
INTRODUCTION
The Veteran served in the U.S. Army from January 1967 to August 1969.

He d

This matter initially came before the Board of Veterans' Appeals (Board) on
In September 2015 the Court of Appeals for Veterans Claims (Court) adopted

The Appellant and her daughter testified before the undersigned Veterans La

FINDINGS OF FACT
1.

Credible medical evidence reflects that the Veteran developed a maligna

2.

The Veteran died on September [redacted], 2008.

The death certificate

3.

There is an equipoise of the evidence indicating that a disability rela

4.

The issue of entitlement to DIC benefits pursuant to 38 U.S.C.A. 115

5.

The issue of entitlement to DIC benefits pursuant to 38 U.S.C.A. 131

6.

The Veteran did not have any pending claims at the time of his death.

CONCLUSIONS OF LAW
1.

With resolution of reasonable doubt in the Appellant's favor, the crite

2. The claim for DIC under 38 U.S.C.A. 1151 is rendered moot by the gra
2014); 38 C.F.R. 3.361 (2015).
3.

The claim for DIC under 38 U.S.C.A. 1318 is rendered moot by the gra

4.

The criteria for entitlement to accrued benefits for malignant glial ne

REASONS AND BASES FOR FINDINGS AND CONCLUSIONS

Duties to Notify and Assist

In regards to the claim of entitlement to service connection for cause of d

In regards to the claims of entitlement to DIC benefits pursuant 38 U.S.C.A

In regards to the claim for accrued benefits, VA has satisfied its duties u

Here, the duty to notify was partially satisfied by letters dated in Octobe

Additionally, at the hearing the Veterans Law Judge identified the issues a

Evidence of record includes personnel records, VA treatment records, privat

VA has satisfied its duties to notify and assist and the Board may proceed
Pertinent Laws and Regulations

A surviving spouse of a qualifying veteran who died as a result of a servic

To warrant service connection for the cause of the Veteran's death, the evi

A spouse may also demonstrate that the disability that caused the Veteran's

The standard of proof to be applied in decisions on claims for veterans' be

Cause of death

The Appellant asserts that the Veteran had a malignant glial neoplasm as a
VA medical opinions from January 2009 and September 2011 provided negative

In a May 2016 private opinion from J. Riggs, M.D., he opined that the Veter

The opinions offered by Dr. J. Riggs and Dr. C. Weitz both appear to be bas

The death of a Veteran will be considered as having been due to a service-c

As explained above, resolving reasonable doubt in the Veteran's favor, the
The Veteran died on September 2008.

The Veteran's death certificate shows

Dr. J. Riggs has determined that malignant glial neoplasm caused the Vetera

Dr. Weitz, however determined that the malignant glial neoplasm was not cau

Given the overwhelming evidence that malignant glial neoplasm caused the Ve
DIC for 38 U.S.C.A. 1151
The Appellant has also contended that the Veteran's cancer spread from his

Under VA law, the Board may dismiss any appeal which fails to allege specif
DIC pursuant to 38 U.S.C.A. 1318
DIC benefits are payable under certain circumstances if the service member
Accrued Benefits for Malignant Glial Neoplasm

Accrued benefits are benefits to which the Veteran was entitled at the time

Although the Appellant's claim was timely filed, she does not meet the crit
ORDER

Entitlement to service connection for the cause of the Veteran's death is g

The claim of entitlement to DIC benefits pursuant to 38 U.S.C.A. 1151 is

The claim of entitlement to DIC benefits pursuant to 38 U.S.C.A. 1318 is

Accrued benefits for malignant glial neoplasm are denied.

____________________________________________
CHERYL L. MASON
Veterans Law Judge, Board of Veterans' Appeals

Department of Veterans Affairs