The Board denied the appellant's claims of service connection for the cause of the veteran's death and Dependency and Indemnity Compensation (DIC) benefits pursuant to 38 U.S.C.A. § 1318 due to a lack of legal merit, as the veteran's cancer was attributable to his use of tobacco products during service.
The deciding factor: The appellant's claim for service connection for the cause of the veteran's death is precluded by law under 38 U.S.C.A. § 1103(a) because the veteran did not file a claim within one year of discharge from service, and his cancer was attributable to nicotine dependence which began during service.
- Claimed conditions
- metastatic carcinoma to both lungs, metastatic carcinoma to the liver, squamous cell carcinoma of the anterior floor of the mouth
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 19, 2003
- Citation
- 0332165
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 0332165.
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
Other Board decisions on a similar condition or argued the same way.
- Remanded (sent back)
The Veteran's oral cavity cancer is being remanded for a VA examination to determine its etiology, including whether it is related to his in-service exposure to herbicide agents.
- Remanded (sent back)
The Board has remanded the case for further development, including obtaining records of any exposure to ionizing radiation during service and determining whether the veteran's fatal cancers might have been caused by such exposure. The RO will also review the claims folders with a VA physician to determine if his death was related to service or service-connected disabilities.
- Denied
The Board found that there was no competent medical evidence linking the cause of the veteran's death to VA treatment, thus denying the claim for compensation under 38 U.S.C.A. § 1151.
- Denied
The Board denied the veteran's claims for increased ratings for his service-connected lumbar myositis, psychoneurosis and conversion hysteria, residuals of shrapnel wounds of the left thigh and pelvis with retained foreign bodies and scars, and residuals of shell fragment wounds of the right thigh and left leg. The veteran was also denied entitlement to a total disability rating based on individual unemployability due to service-connected disabilities.
Free starter guide for your own claim
Reading this because you were denied or under-rated? Get the plain-English next steps — your appeal options, the deadline that protects you, and how appeals like yours turn out. One email, no spam.
We will only use this to send the guide. No spam, unsubscribe any time. We never sell your information.
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.