The veteran's cause of death was listed as lung cancer, which the appellant claimed was caused by his service-connected anxiety disorder. However, the Board found that there is no evidence to support a link between the veteran's service and his lung cancer, nor does the law allow for service connection in this case due to the prohibition on compensation for diseases or deaths resulting from tobacco use.
The deciding factor: The appellant failed to provide sufficient evidence linking the veteran’s service-connected anxiety disorder to his fatal lung cancer, which is not a compensable condition under VA laws and regulations.
- Claimed conditions
- lung cancer
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- December 15, 2000
- Citation
- 0032773
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. Search VA.gov for the original decision (opens in a new tab) using citation 0032773.
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Related decisions
Other Board decisions on a similar condition or argued the same way.
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The Veteran's claim for a higher evaluation of his service-connected chronic fatigue and weakness due to chemotherapy and radiation treatment for lung cancer is granted, with an evaluation of 60 percent.,The Veteran's claim for a compensable rating for residuals of lung cancer from May 1, 2005 is denied.
- Remanded (sent back)
The Board has decided to remand the case due to a need for further evaluation of the Veteran's lung cancer and its relationship to service, including any in-service granuloma.
- Dismissed
The Board has vacated its decisions granting service connection for lung cancer and remanding issues of tinnitus and TDIU, but the Veteran's death means these appeals are dismissed.
- Remanded (sent back)
The Board has remanded the Veteran's claims for service connection for kidney cancer and lung cancer due to a lack of adequate medical opinion regarding the etiology of his kidney cancer, which is presumed to be related to herbicide exposure. The claim for lung cancer is inextricably intertwined with the kidney cancer claim.
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