The Board found new and material evidence sufficient to reopen the claim of service connection for the cause of the veteran's death, and concluded that it is at least as likely as not that the cause of death was related to military service. The Board also noted that the appellant's claim is subject to a prohibition on service connection due to tobacco use attributable to the in-service use of tobacco products.
The deciding factor: The new evidence provided by the appellant and her witnesses supported the reopening of the claim, and the Board concluded that it was at least as likely as not that the veteran's PTSD contributed to his nicotine addiction which led to lung cancer. The death certificate indicated that tobacco use contributed to the cause of death.
- Claimed conditions
- Lung Cancer
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- February 18, 2004
- Citation
- 0404533
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 0404533.
What this means for you
A grant means the Board agreed the veteran was entitled to the benefit. Decisions like this show the kind of evidence and arguments that tend to succeed for claims like it.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Denied
The Board determined that the reduction in rating from 100 percent to 30 percent for service-connected lung cancer was proper, and restoration of the 100 percent rating is not warranted. The criteria for entitlement to special monthly compensation based on housebound status have also not been met.
- Granted
The Board granted service connection for chronic obstructive pulmonary disease (COPD), bladder cancer, and lung cancer as secondary to the Veteran's in-service asbestos exposure.
- Granted
The Board granted an effective date of August 26, 2010 for the award of a 30 percent evaluation for COPD, asbestosis, and lung cancer.
- Denied
The Board denied the claims for increased disability evaluations and effective dates, as well as dismissed the claims related to lung cancer and SMC on housebound status.
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