The veteran's death was due to lung cancer, which he had been service-connected for since August 1994. However, the veteran did not meet the requirement of having a total disability rating for at least eight years immediately preceding his death.
The deciding factor: The veteran's disability rating was less than 8 years prior to his death and thus did not qualify him for enhanced DIC benefits under 38 U.S.C. § 1311(a)(2).
- Claimed conditions
- lung cancer, emphysema
- How they argued it
- Secondary to another service-connected condition
- Exposure basis
- None
- Rating assigned
- 100%
- Decision date
- December 14, 2005
- Citation
- 0533768
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 0533768.
What this means for you
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What you can do next
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.
- Remanded (sent back)
The Veteran's lung condition, including pneumonia residuals, COPD, and emphysema, is remanded for further examination to determine if they are related to his military service. The appeal is reopened based on new evidence.
- 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.
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