The Board has determined that the veteran's death was caused by adenocarcinoma of the right lung, which is considered a disease incurred in service. The claim for DIC under 38 U.S.C.A. § 1318 is dismissed as moot due to the favorable decision on the cause of death.
The deciding factor: The Board found that the veteran's adenocarcinoma of the right lung was caused by his smoking, which was established as a service-connected condition and not related to any presumptive exposure or other basis for service connection.
- Claimed conditions
- Adenocarcinoma of the right lung
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- December 28, 2006
- Citation
- 0640041
Veterans Law Judge
Decisions by this judge: 1,440 · Granted: 30% (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 0640041.
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
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Denied
The veteran died of lung cancer, which was not service-connected. The Board denied DIC benefits under the provisions of 38 U.S.C.A. § 1318.
- Denied
The Board denied service connection for the cause of the veteran's death due to lung cancer and denied DIC under the provisions of 38 U.S.C.A. § 1318, finding that there was no evidence linking the veteran's lung cancer to his military service or nicotine dependence.
- Denied
The Board denied the veteran's claims for increased ratings for his service-connected lumbar myositis, psychoneurosis and conversion hysteria, residuals of shrapnel wounds of the left thigh and pelvis with retained foreign bodies and scars, and residuals of shell fragment wounds of the right thigh and left leg. The veteran was also denied entitlement to a total disability rating based on individual unemployability due to service-connected disabilities.
- Denied
The Board denied the Veteran's claim for an initial evaluation in excess of 10 percent for his service-connected coronary artery disease, finding that the evidence did not support a higher rating based on the severity of his condition.
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