The veteran's death was due to metastatic lung cancer, which is service-connected. However, the use of tobacco products during service is prohibited for service connection under 38 U.S.C.A. § 1103. Therefore, the claim for service connection for the cause of the veteran's death is denied.
The deciding factor: The veteran's death was due to metastatic lung cancer, which is already service-connected. However, use of tobacco products during service is prohibited under 38 U.S.C.A. § 1103, making it impossible to grant service connection for the cause of death.
- Claimed conditions
- metastatic lung cancer
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- July 14, 2003
- Citation
- 0315825
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 0315825.
What this means for you
A denial is a starting point, not the end of the road. You can see why this claim fell short — and, if you are still inside the one-year window, the appeal lanes that may remain open to you.
What you can do next
Related decisions
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The Board remands the claim for service connection for the cause of the Veteran's death to obtain additional evidence and a medical opinion.
- Denied
The Board denied the Veteran's claims for a compensable rating and earlier effective dates for service connection of colon cancer and metastatic lung cancer, as the evidence did not support an earlier date than August 10, 2022.
- Remanded (sent back)
The Board has remanded the case due to insufficient evidence regarding whether the Veteran's cause of death is related to asbestos exposure during service. The issues are also inextricably intertwined with the issue of additional burial benefits.
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