The Board found that the veteran's lung cancer and bone metastases were not related to his military service, and thus denied claims for service connection. The appellant was also not entitled to DIC under 38 U.S.C.A. § 1318 as she did not meet the criteria of having a spouse who had been in receipt of total disability compensation due solely to clear and unmistakable error.
The deciding factor: The Board determined that there was no evidence linking the veteran's fatal lung cancer with bone metastases to his military service, nor could it be presumed due to exposure to herbicides. The appellant did not meet the criteria for DIC under 38 U.S.C.A. § 1318 as she had not applied for compensation or unemployability benefits during her husband's lifetime.
- Claimed conditions
- lung cancer, bone metastases
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 13, 2004
- Citation
- 0428199
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 0428199.
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Related decisions
Other Board decisions on a similar condition or argued the same way.
- Granted
The Veteran's claim for a higher evaluation of his service-connected chronic fatigue and weakness due to chemotherapy and radiation treatment for lung cancer is granted, with an evaluation of 60 percent.,The Veteran's claim for a compensable rating for residuals of lung cancer from May 1, 2005 is denied.
- Remanded (sent back)
The Board has decided to remand the case due to a need for further evaluation of the Veteran's lung cancer and its relationship to service, including any in-service granuloma.
- Dismissed
The Board has vacated its decisions granting service connection for lung cancer and remanding issues of tinnitus and TDIU, but the Veteran's death means these appeals are dismissed.
- Remanded (sent back)
The Board has remanded the Veteran's claims for service connection for kidney cancer and lung cancer due to a lack of adequate medical opinion regarding the etiology of his kidney cancer, which is presumed to be related to herbicide exposure. The claim for lung cancer is inextricably intertwined with the kidney cancer claim.
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