The Board found that the veteran's death was due to lung cancer, which is presumed to be related to his tobacco use. The RO initially granted service connection for the cause of the veteran's death based on nicotine dependence but later severed this award as it was determined that claims filed after June 8, 1998, are precluded by law.
The deciding factor: The Board found that the veteran's death due to lung cancer is presumed to be related to his tobacco use, which is not service-connected under current regulations.
- Claimed conditions
- lung cancer, atherosclerosis with bilateral peripheral vascular disease, right leg peripheral vascular disease (status post right above knee amputation), left leg peripheral vascular disease, seborrheic dermatitis, sinusitis
- How they argued it
- Presumptive (no nexus needed)
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- July 7, 2006
- Citation
- 0619783
Veterans Law Judge
Decisions by this judge: 1,643 · Granted: 15% (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 0619783.
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 found a pre-decisional duty to assist error and has ordered the case back to the AOJ for proper notice regarding the Veteran's right to a hearing.
- Remanded (sent back)
The Veteran's initial claim for an increased rating for sinusitis is being remanded due to a failure by the AOJ to provide proper notice of his right to a hearing.
- Remanded (sent back)
The Board has denied service connection for sinusitis and remanded the Veteran's claims for chronic lower back pain, right knee pain, left knee pain, neck pain, and GERD.
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