The veteran did not have a pending claim for VA benefits at the time of his death, and therefore does not meet the legal criteria for accrued benefits. The appeal is denied.
The deciding factor: The veteran was not receiving periodic VA benefits nor had a pending claim with VA when he died, which are required for accrued benefits to be applicable.
- Claimed conditions
- non-small cell lung carcinoma, small cell lung carcinoma
- How they argued it
- Presumptive (no nexus needed)
- Exposure basis
- Agent Orange / herbicides
- Rating assigned
- None in this decision
- Decision date
- October 11, 2007
- Citation
- 0731971
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 0731971.
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.
- Denied
The Board denied the claim for service connection for the cause of the Veteran's death, finding that there was no evidence linking the lung cancer to military service or any service-connected disabilities.
- Remanded (sent back)
The Board has decided to remand the case due to a pre-decisional duty to assist error, specifically regarding the adequacy of the VA examiner's opinion on the cause of the Veteran's non-small cell lung carcinoma.
- Remanded (sent back)
The Board has remanded the cases due to insufficient evidence and for further development, including obtaining relevant non-VA treatment records from Siteman Cancer Center and Barnes-Jewish Hospital.
- Remanded (sent back)
The Board has remanded the cases due to a lack of VA examinations and requests for additional private treatment records. The Veteran's service-connected brain metastasis and lung cancer have had their disability ratings reduced, but the Board is seeking further evidence or opinions before making a final determination.
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