The Board found the appellant's claim well grounded, but additional development is needed to determine if the veteran was exposed to herbicides and if his lung cancer was related to service. The RO must obtain private treatment records from Dr. Donald Peterson and Charles L. Dupin, and provide a VA oncologist with an opinion on the primary site of the veteran's cancer.
The deciding factor: The appellant presented evidence suggesting that the veteran died of primary lung cancer, which is a disease listed under 38 C.F.R. § 3.309(e). However, there was a difference in medical opinions regarding the primary site of the cancer.
- Claimed conditions
- primary lung cancer
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 6, 2000
- Citation
- 0026780
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 0026780.
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.
- Remanded (sent back)
The Veteran's cause of death is remanded due to conflicting opinions on the relationship between his metastatic kidney cancer and service, including Agent Orange exposure. The issue of whether a primary lung cancer at the time of death was a significant contributing factor to his death remains unresolved.
- Denied
The Veteran's claims for service connection for heart disease, anoxic encephalopathy, and primary lung cancer have been denied. The Board found no evidence linking these conditions to service or the in-service asbestos exposure.
- Granted
The Veteran's lung cancer, which caused his death, is presumed to have been incurred in service due to exposure to herbicide agents. The Board has determined that the evidence is at least in equipoise as to whether the lung cancer was a primary cancer and granted service connection for the cause of the Veteran's death.
- Denied
The Board has determined that the cause of the Veteran's death was metastatic esophageal carcinoma, which is not service-connected due to lack of evidence linking it to his presumed exposure to Agent Orange. The Board also found no evidence of primary lung cancer and concluded that the esophageal cancer did not result from Agent Orange exposure.
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