The Board denied the appellant's claims for service connection for the cause of the veteran's death and for DIC benefits under the provisions of 38 U.S.C.A. § 1318, finding that there was no objective evidence of radiation exposure during service and that the veteran did not meet the eligibility criteria for DIC benefits.
The deciding factor: The Board determined that the appellant could not establish service connection for the cause of the veteran's death due to lack of objective evidence of radiation exposure. Additionally, the appellant did not meet the eligibility criteria for DIC benefits as she had never established entitlement to total VA compensation for a service-connected disability and had never filed a claim resulting in such entitlement.
- Claimed conditions
- squamous cell carcinoma of the lung, chronic obstructive pulmonary disease, postoperative squamous cell carcinoma of the floor of the mouth, lumbar disc disease, nicotine dependence, left arm disability, residuals of injuries to the left foot and ankle, residuals of an injury to the tendon on the dorsum of the left wrist, fracture of the styloid process of the right ulna
- How they argued it
- Not specified
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- September 11, 2006
- Citation
- 0628755
Veterans Law Judge
Decisions by this judge: 175 · Granted: 26% (granted or partly granted, in the indexed 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. Search VA.gov for the original decision (opens in a new tab) using citation 0628755.
What this means for you
A final Board denial may be appealed to the U.S. Court of Appeals for Veterans Claims, generally within 120 days of the Board mailing date. A Supplemental Claim with new and relevant evidence is a separate option. Another Higher-Level Review of the Board decision is not available. Check your own notice: this historical decision does not set your deadline.
What you can do next
Use your own notice and decision stage. A remanded issue is not a final court-appealable denial. VA review guidance and CAVC filing instructions (U.S. federal; reviewed October 7, 2026).
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Whole decision: Granted
The Veteran's claim for a TDIU was granted with an effective date of May 3, 2016. The decision is based on the Veteran's service-connected disabilities including his CFS and adjustment disorder.
- Whole decision: Granted
The Veteran's claims for service connection for left shoulder, left arm, and right knee disabilities have been granted due to new evidence presented. The cases are being remanded for further examination and rating.
- Whole decision: Denied
The Board denied the claim for TDIU prior to October 18, 2018 due to a lack of evidence showing that the Veteran's service-connected disabilities prevented him from securing or following a substantially gainful occupation.
- Whole decision: Granted
The Veteran's service connection for right shoulder degenerative arthritis is granted. The claims for higher ratings for bilateral pes cavus, left ankle impingement, and left knee disability are remanded due to the need for additional evidence.
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