The veteran's claims of entitlement to service connection for emphysema and lung cancer, both linked to exposure to Agent Orange, have been denied. The appeal is dismissed due to the death of the veteran.
The deciding factor: The veteran died during the pendency of his appeal, thus the Board has no jurisdiction over the merits of this claim.
- Claimed conditions
- emphysema, lung cancer
- How they argued it
- Not specified
- Exposure basis
- Agent Orange / herbicides
- Rating assigned
- None in this decision
- Decision date
- December 2, 2003
- Citation
- 0333590
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 0333590.
What this means for you
A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot. It says more about procedure than about whether a claim like this can win.
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.
- Partly granted
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.
- Granted
The Board granted service connection for emphysema and pulmonary hypertension, finding that the Veteran's emphysema was caused by active service, including participation in a toxic exposure risk activity (TERA), and that his pulmonary hypertension is secondary to his emphysema.
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