The Board denied an earlier effective date for DIC benefits due to the veteran's death, finding that the claim was not timely filed and no clear and unmistakable error in previous decisions existed.
The deciding factor: No legal basis exists for an earlier effective date absent a showing of clear and unmistakable error in prior decisions denying service connection for the cause of the veteran's death.
- Claimed conditions
- Carcinoma of the lung
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 0%
- Decision date
- January 30, 2001
- Citation
- 0102596
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 0102596.
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.
- Remanded (sent back)
The Veteran's cause of death was ruled as carcinoma of the lung, but service connection for this condition is denied. The case is remanded to obtain a medical opinion regarding whether VA care contributed to the Veteran's lung cancer.
- Denied
The Board found that the Veteran's death was not caused by or related to his military service, including exposure to herbicides. The cause of death listed on his death certificate was obstructive pneumonia, which led to metastatic carcinoma in the thoracic spine and lung cancer.
- Granted
The Board has granted the appellant's claim for service connection for the veteran's cause of death, finding that his atrial fibrillation, which contributed significantly to his death, was related to his period of military service.
- Denied
The Board found that the veteran's fatal lung cancer was not proximately due to or the result of a condition incurred or aggravated during service, including inservice radiation exposure at Hiroshima or Nagasaki and inservice asbestos exposure. The claim is denied.
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