The Board denied service connection for the cause of the veteran's death and also denied dependency and indemnity compensation under 38 U.S.C.A. § 1318 due to lack of new and material evidence, as well as failure to meet the criteria for benefits under that section.
The deciding factor: The additional evidence received since the April 1997 decision did not provide new or significant information that could reopen the claim for service connection for cause of death. The appellant's testimony regarding exposure to Agent Orange was not corroborated by available records, and there was no indication of Vietnam service.
- Claimed conditions
- cancer of both lungs
- How they argued it
- Not specified
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- October 10, 2003
- Citation
- 0327333
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 0327333.
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).
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