The VA provided appropriate work-up but did not diagnose the veteran's lung cancer in a timely manner, resulting in his death. The Board found that VA treatment did not cause the veteran's death and denied dependency and indemnity compensation benefits under 38 U.S.C.A. § 1151.
The deciding factor: The VA provided appropriate work-up but failed to diagnose the veteran's lung cancer promptly, leading to his death.
- Claimed conditions
- metastatic non-small cell lung carcinoma, metastatic non-small cell carcinoma
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- July 12, 2002
- Citation
- 0207731
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 0207731.
What this means for you
A final Board denial may be appealed to the U.S. Court of Appeals for Veterans Claims, generally within 120 days of the Board mailing date. A Supplemental Claim with new and relevant evidence is a separate option. Another Higher-Level Review of the Board decision is not available. Check your own notice: this historical decision does not set your deadline.
What you can do next
Use your own notice and decision stage. A remanded issue is not a final court-appealable denial. VA review guidance and CAVC filing instructions (U.S. federal; reviewed October 7, 2026).
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Whole decision: Denied
The Board found that the Veteran's cause of death, metastatic non-small cell lung carcinoma, was not caused or aggravated by his in-service asbestos exposure. The preponderance of evidence supports a finding that the cancer did not manifest during service and is not related to service-connected conditions.
- Whole decision: Denied
The Board denied entitlement to service connection for the cause of the Veteran's death, finding that there was no evidence of herbicide exposure and that lung cancer did not originate in service.
- Whole decision: Remanded (sent back)
The Board has determined that further development is needed to determine the cause of the Veteran's death and whether any service-connected disability contributed substantially or materially to his death. The appellant must provide additional evidence, such as CT scan images of the Veteran's lungs.
- Whole decision: Denied
The Board denied entitlement to service connection for cause of the Veteran's death, finding that there was no evidence linking his lung cancer and asbestos exposure in service. The preponderance of the evidence did not support a conclusion that service caused or contributed substantially to his death.
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