The appellant is seeking dependency and indemnity compensation under 38 U.S.C.A. § 1151 due to alleged VA medical treatment that allegedly caused the veteran's death from lung cancer.
The deciding factor: VA medical records indicate that the veteran had a history of tobacco use, but also show he was treated for pneumonia and COPD at VA facilities in Temple and Marlin, Texas. The appellant contends this treatment led to his lung cancer and subsequent death.
- Claimed conditions
- lung cancer
- How they argued it
- Reopened with new and material evidence
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- September 10, 2001
- Citation
- 0122237
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 0122237.
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.
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The Board granted an effective date of December 12, 2023, for a 50 percent evaluation of bipolar disorder and remanded the other issues for further development.
- Remanded (sent back)
The Board remands the claims for service connection for right and left lower extremity neuropathy, as well as lung cancer, due to a need for further evidence through VA examinations.
- Dismissed
The Board dismissed the veteran's appeals for service connection for various conditions due to a lack of jurisdiction over the claims.
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