The Board has determined that the veteran's death was caused by his lung cancer, which is presumed to have been incurred due to herbicide exposure in Vietnam. The appellant's claim for service connection for the cause of the veteran's death and survivors' and dependents' educational assistance under Chapter 35 of the United States Code, Title 38 has therefore been granted.
The deciding factor: The Board found that the veteran had confirmed service in the Republic of Vietnam after January 9, 1962 and was diagnosed with lung cancer within 30 years following his tour of duty. The medical evidence supported the presumption of herbicide exposure causing the veteran's lung cancer.
- Claimed conditions
- stroke, chronic obstructive pulmonary disease (COPD), hypertension, lung cancer
- How they argued it
- Presumptive (no nexus needed)
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- May 16, 2001
- Citation
- 0113743
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 0113743.
What this means for you
A grant means the Board agreed the veteran was entitled to the benefit. Decisions like this show the kind of evidence and arguments that tend to succeed for claims like it.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Granted
The Board granted service connection for the cause of the Veteran's death, finding that his lung cancer was related to his service-connected melanoma.
- Dismissed
The Veteran withdrew the appeals for service connection for bilateral pes planus, obstructive sleep apnea, bilateral hearing loss, tinnitus, and chronic obstructive pulmonary disease (COPD).
- Partly granted
The Board granted service connection for headaches and increased ratings for left shoulder rotator cuff tear, right shoulder rotator cuff tear, hypertension, and left and right leg restless leg syndrome. The Board denied a compensable rating for bilateral hearing loss and an initial rating in excess of 70 percent for posttraumatic stress disorder.
- Granted
The Board granted an effective date of October 21, 2021, for the grant of service connection for hypertension.
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.