The Board denied the veteran's claims for service connection for the cause of death due to non-small cell lung carcinoma, DIC under the provisions of 38 U.S.C. § 1318, and accrued benefits.
The deciding factor: The evidence did not establish that the cause of death was related to a condition incurred or aggravated by service or any service-connected disability.
- Claimed conditions
- Non-small cell lung carcinoma, Incomplete paralysis of the right median nerve due to GSW (Gunshot Wound), Compound, comminuted fracture of the proximal extremity right radius and ulna with paralysis of the right median nerve, Wound, perforating, severe, forearm, right, entrance posterior aspect, proximal extremity, exit anterior aspect, proximal extremity., Fracture, compound, comminuted, complete, proximal extremity, radius and ulna, Paralysis, nerve, median, right, incomplete, secondary to GSW (Gunshot Wound), Limitation of motion, moderate, forearm, right, secondary to GSW (Gunshot Wound) and fracture
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- June 5, 2007
- Citation
- 0716597
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 0716597.
What this means for you
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Related decisions
Other Board decisions on a similar condition or argued the same way.
- Denied
The Veteran's cause of death was due to non-small cell lung carcinoma and COPD, which were not incurred during active service. The Board denied the claim for service connection as there is no evidence linking his cause of death to herbicide exposure or any in-service event.
- Remanded (sent back)
The Board has decided that the Veteran's cause of death should be considered for service connection due to exposure to herbicides, but additional records are needed from his service personnel file and VA medical records.
- Denied
The Board denied the appellant's claim for an earlier effective date for DIC benefits, finding that the earliest date VA received her claim was April 20, 2015. The Board noted that she did not file a formal application for DIC benefits until April 2015 and found no basis to assign an earlier effective date.
- Granted
The Veteran's lung cancer was granted service connection based on presumptive exposure to Agent Orange, effective from March 12, 2004. The decision is presumed correct as there is no clear and unmistakable error.
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