Citation Nr: 21062024
Decision Date: 10/06/21	Archive Date: 10/06/21

DOCKET NO. 17-35 599
DATE: October 6, 2021

ORDER

Dependency and Indemnity Compensation (DIC) benefits--based on service connection for the cause of the late Veteran's death (bladder cancer) are granted.

Accrued benefits (stemming from an April 26, 2016 claim for service connection for bladder cancer, submitted before the late Veteran's death) are granted.

FINDINGS OF FACT

1. The Veteran was diagnosed with bladder cancer at age 46 and died of bladder cancer in November 2016, see death certificate; during service, the Veteran was exposed to significant amounts of phenacetin which was later discovered to be a cancer-causing agent (which he took orally on a regular and frequent basis for the migraine headaches that were subsequently service connected and which he also handled physically and almost certainly also inhaled as dust during his work during service as a pharmacy specialist, while he broke down 1000 tablet bottles into 50 tablet bottles); he did not have other risk factors for bladder cancer (such as family history, smoking, or advanced age) and Dr. A.W., a private physician, provided an April 2016 medical opinion thoroughly explaining that it is at least as likely as not that the in-service phenacetin exposure caused the late Veteran's bladder cancer.

2. On April 26, 2016, before his death, the Veteran submitted a claim for service connection for bladder cancer; given the grant of service connection in this decision, accrued benefits are due to the Appellant.

CONCLUSIONS OF LAW

1. The criteria are met for DIC benefits based on service connection for the cause of the late Veteran's death (bladder cancer). 38 U.S.C. §§ 1110, 1131, 1310, 5107(b); 38 C.F.R. §§ 3.102, 3.303, 3.312.

2. The criteria are met for accrued benefits (based on the grant of service connection for bladder cancer that was claimed on April 26, 2016 before the late Veteran's death in November 2016). 38 U.S.C. § 5121; 38 C.F.R. § 3.1000.

REASONS AND BASES FOR FINDINGS AND CONCLUSIONS

The Veteran served on active duty from January 1973 to April 1975. These matters are before the Board of Veterans' Appeals (Board) on appeal from an August 2016 rating decision by the Department of Veterans Affairs (VA) Agency of Original Jurisdiction (AOJ).

In September 2021, a Board hearing was held before the undersigned. 

1. Dependency and Indemnity Compensation (DIC) benefits--based on service connection for the cause of the late Veteran's death (bladder cancer) are granted.

For the reasons outlined in more detail above in the Findings of Fact section, the appeal for DIC benefits based on service connection for the cause of the Veteran's death is granted.

2. Accrued benefits (stemming from an April 26, 2016 claim for service connection for bladder cancer, submitted before the late Veteran's death) are granted.

For the reasons outlined in more detail above in the Findings of Fact section, the appeal for accrued benefits based on service connection for bladder cancer is granted.

 

 

VICTORIA MOSHIASHWILI

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	M. Williams, Associate Counsel

The Board's decision in this case is binding only with respect to the instant matter decided. This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.