The Board found that new and material evidence had not been presented to reopen the claim of service connection for the cause of the veteran's death, which was denied in June 1998. The appellant claimed that her husband died due to exposure to herbicide agents (Agent Orange) and nerve gas exposure (Mustard/Lewisite).
The deciding factor: The Board determined that new evidence did not relate the cause of death to service.
- Claimed conditions
- carcinoma of the lung, cachexia
- How they argued it
- Reopened with new and material evidence
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- May 27, 2005
- Citation
- 0514646
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 0514646.
What this means for you
A partial grant means some issues were granted while others were denied or remanded — common in multi-issue claims. Look at which issues went which way, and how each was argued.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Denied
The Board denied service connection for the cause of death due to lack of evidence linking the Veteran's carcinoma of the pharynx to his service or a service-connected disability, and there was no indication that the cancer was related to herbicide exposure.
- Denied
The Veteran's death was not due to a service-connected disability, and the Board denied entitlement to service connection for the cause of his death.
- Remanded (sent back)
The Board has found pre-decisional duty to assist errors and remanded the claims of entitlement to service connection for cause of death, DIC under 38 U.S.C. § 1318, and DIC under 38 U.S.C. § 1151 due to insufficient information in the record.
- Remanded (sent back)
The Veteran is requesting that the AOJ adjudicate whether revision of a March 2006 rating decision which awarded a 100 percent disability rating for carcinoma of the liver and carcinoma of the lung, resulting in the continuation of SMC (L) for aid and attendance, is warranted due to clear and unmistakable error. The Board finds this constitutes pre-decisional error and remands the matter.
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