The veteran's death was not caused by a service-connected disability, and the appellant is not entitled to DIC benefits under 38 U.S.C.A. § 1318 as she did not have actual entitlement to compensation at the time of her husband's death.
The deciding factor: The medical evidence does not support a finding that the veteran's lung cancer was caused by service-connected conditions or exposure to asbestos in service, and the appellant did not have actual entitlement to compensation for his disability at the time of his death.
- Claimed conditions
- lung cancer, pneumonia
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 30, 2006
- Citation
- 0637074
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 0637074.
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.
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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.
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- Denied
The Board denied service connection for pneumonia and remanded the claims for iodine allergy, pilonidal cyst, sulfa allergy, heart disability, acquired psychiatric disorder, and lower and upper extremity disabilities.
- Remanded (sent back)
The Board remands the claim for service connection for the cause of the Veteran's death due to an inadequate VA medical opinion and a need for additional evidence.
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