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
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
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 the cause of the Veteran's death, finding that his lung cancer was related to his service-connected melanoma.
- Partly granted
The Board granted service connection for asthma and remanded claims for insomnia and sleep apnea. Other conditions were denied.
- Denied
The Board denied service connection for multiple conditions, including bilateral hearing loss and various musculoskeletal issues, as well as an initial rating in excess of 0 percent for rhinitis. However, the Board granted a 70 percent rating for posttraumatic stress disorder (PTSD).
- Partly granted
The Board granted higher ratings for the Veteran's service-connected carpal tunnel syndrome and cubital tunnel syndrome of both upper extremities, but remanded claims for service connection for sinusitis, calcified lymph nodes on the lungs, and cervical strain.
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