The Board found that the veteran's death was not caused by VA medical treatment, and specifically not due to negligence or lack of proper skill on the part of VA. The claim for DIC benefits pursuant to 38 U.S.C. § 1151 is denied.
The deciding factor: The preponderance of evidence indicated that the veteran's death was not caused by carelessness, negligence, lack of proper skill, or error in judgment on the part of VA in furnishing treatment.
- Claimed conditions
- Metastatic non-small cell lung cancer
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- December 14, 2007
- Citation
- 0739431
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. Search VA.gov for the original decision (opens in a new tab) using citation 0739431.
What this means for you
A final Board denial may be appealed to the U.S. Court of Appeals for Veterans Claims, generally within 120 days of the Board mailing date. A Supplemental Claim with new and relevant evidence is a separate option. Another Higher-Level Review of the Board decision is not available. Check your own notice: this historical decision does not set your deadline.
What you can do next
Use your own notice and decision stage. A remanded issue is not a final court-appealable denial. VA review guidance and CAVC filing instructions (U.S. federal; reviewed October 7, 2026).
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Whole decision: Remanded (sent back)
The Board has remanded the case due to a pre-decisional duty to assist error, specifically regarding the Veteran's exposure to herbicide agents during service and its impact on his cause of death. The AOJ must develop this claim by considering the documents submitted in October 2022 and obtain an addendum opinion from an appropriate examiner.
- Whole decision: Remanded (sent back)
The Board remands the claim for an opinion on whether the Veteran's metastatic non-small cell lung cancer was related to in-service asbestos exposure.
- Whole decision: Denied
The Veteran's cause of death, metastatic non-small cell lung cancer, is not service-connected due to lack of evidence linking it to asbestos exposure in service.
- Whole decision: Denied
The Board found no evidence of asbestos exposure in service and concluded that the Veteran's death was not caused by a disability incurred or aggravated during his military service.
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