The Board finds that the veteran's service-connected osteomyelitis may not be ruled out as a cause or contributing cause of his death from cardiopulmonary failure and lung cancer, thus granting service connection for the cause of the veteran's death.
The deciding factor: The VA examiner's opinion was in equipoise with Dr. M.'s and Dr. C.'s opinions regarding the cause of the veteran's death, resolving all reasonable doubt in favor of the appellant.
- Claimed conditions
- chronic, active osteomyelitis of the left femur, osteomyelitis of the calcaneum, lung carcinoma (not otherwise specified), hypertension
- How they argued it
- Aggravation of a pre-existing condition
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- December 28, 2006
- Citation
- 0640034
Veterans Law Judge
Decisions by this judge: 1,515 · Granted: 20% (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 0640034.
What this means for you
A grant means the Board agreed the veteran was entitled to the benefit. Decisions like this show the kind of evidence and arguments that tend to succeed for claims like it.
What you can do next
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Other Board decisions on a similar condition or argued the same way.
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- Denied
The Veteran's claim for service connection for hypertension and increased rating for anxiety disorder have been denied. The Board found that there is no evidence of a current disability meeting the criteria for hypertension, and the Veteran's anxiety disorder does not meet the criteria for a higher rating.
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