The Board found that the veteran's death was not caused by a service-connected disability, and thus denied his claim for service connection for the cause of death. The DIC benefits under 38 U.S.C.A. § 1318 were also denied as there is no evidence showing the veteran had been continuously rated totally disabling for at least ten years prior to his death.
The deciding factor: The VA physician's opinion indicated that the probability of the veteran's lung cancer being caused by his service-connected left pleural cavity injury was less than 1 percent, and thus not a substantial or material cause of death.
- Claimed conditions
- Small cell lung cancer, Non-Hodgkin's lymphoma
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- May 19, 2005
- Citation
- 0513709
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 0513709.
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.
- Granted
The Board granted service connection for non-Hodgkin's lymphoma on a presumptive basis under the PACT Act, effective March 2, 2017.
- Remanded (sent back)
The Board has denied the Veteran's claims for service connection for back pain and neck pain, finding no current disability. The claim for Non-Hodgkin's lymphoma is remanded due to inadequate consideration of all potential exposures.,The claim for an acquired psychiatric disability (PTSD) is also remanded due to a lack of development of the Veteran's therapist's records.
- Denied
The Board denied the Veteran's request for an earlier effective date for service connection of non-Hodgkin's lymphoma, finding that the claim was filed within one year of separation from active duty and therefore the earliest possible effective date is October 15, 2020.
- Granted
The Veteran's claim for service connection for non-Hodgkin's lymphoma was granted with an effective date of March 13, 2024. This decision is based on the PACT Act becoming effective and the Veteran's symptoms being consistent with non-Hodgkin's lymphoma since April 14, 2022.
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.