The Board denied the appellant's claim for DIC benefits, finding that the veteran's death was not due to VA hospital care or medical treatment. The case was remanded multiple times and referred to other issues.
The deciding factor: VA did not delay in diagnosing the veteran's lung cancer; the diagnosis was made after a six-month delay following the initial suspicious CAT scan, which was not ruled out as a differential diagnosis due to lack of old films for comparison.
- Claimed conditions
- Lung Cancer
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- May 8, 2006
- Citation
- 0613381
Veterans Law Judge
Decisions by this judge: 1,458 · Granted: 24% (granted or partly granted, in the vetted decisions on this site)
Judge attribution: 2025 complete; earlier years partial.
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 0613381.
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.
- Denied
The Veteran's cause of death, lung cancer, was not related to his active duty service and therefore service connection for the cause of death is denied.
- Granted
The Veteran's claim of service connection for GERD has been readjudicated due to the submission of relevant new evidence.,The Veteran's claims of service connection for bilateral eye condition, headaches, low back condition, lung cancer, and Parkinson's disease with tremors have also been readjudicated due to the submission of relevant new evidence.
- Remanded (sent back)
The Veteran's eligibility for the VA Program of Comprehensive Assistance for Family Caregivers (PCAFC) was remanded due to inadequate medical opinion and insufficient notice. The Board found that the Veteran required personal care services due to his chronic conditions, including lymphoma, congestive heart failure, lung cancer, and decreased mobility.
- Remanded (sent back)
The Board has remanded the case due to inadequate rationale in a previous VA examination and missing records. The claim will be reconsidered with new evidence.
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