The veteran's death was caused by lung cancer, which is presumed to be service-connected due to exposure in Vietnam. However, the appellant did not qualify as a surviving spouse for DIC benefits because her marriage to the veteran did not meet the required criteria. The claim for accrued benefits also failed as there were no unpaid VA compensation benefits at the time of the veteran's death.
The deciding factor: The appellant and veteran were not married for one year prior to the veteran's death, nor had they been married before the expiration of 15 years after the veteran was separated from service. No child was born during their marriage.
- Claimed conditions
- lung cancer
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- December 4, 2006
- Citation
- 0637407
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 0637407.
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 an effective date of December 12, 2023, for a 50 percent evaluation of bipolar disorder and remanded the other issues for further development.
- Remanded (sent back)
The Board remands the claim for an adequate medical opinion regarding the Veteran's cause of death, including lung cancer and cardio-pulmonary arrest, to address in-service toxic exposures.
- Dismissed
The Board dismissed the veteran's appeals for service connection for various conditions due to a lack of jurisdiction over the claims.
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