The Board denied service connection for the cause of the veteran's death, as there was no evidence that a service-connected disability caused or contributed to his death.
The deciding factor: The VA examiner opined that the veteran's death was most likely related to empyema and infection, not his service-connected disabilities.
- Claimed conditions
- adult respiratory distress syndrome (ARDS) due to pneumonia, adenocarcinoma of the lung
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- January 16, 2009
- Citation
- 0901866
Veterans Law Judge
Decisions by this judge: 1,377 · Granted: 17% (granted or partly granted, in the indexed 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. Search VA.gov for the original decision (opens in a new tab) using citation 0901866.
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 remands the claim for a respiratory disability, diagnosed as adenocarcinoma of the lung, atelectasis, and bronchiectasis, to obtain an updated TERA memorandum and new VA opinion.
- Whole decision: Granted
The Board granted service connection for adenocarcinoma of the lung, resolving reasonable doubt in favor of the Veteran and finding that his condition is causally related to exposure to contaminated water at Camp Lejeune.
- Whole decision: Remanded (sent back)
The Board remands the claim for a lung condition to obtain an addendum opinion that adequately considers all relevant evidence and factors, including the Veteran's in-service exposure to secondhand smoke.
- Whole decision: Dismissed
The Veteran's appeal to reduce his disability rating for adenocarcinoma of the lung from 100% to 30% has been withdrawn by his representative.
Free starter guide for your own claim
Reading this because you were denied or under-rated? Get the plain-English next steps — your appeal options, the deadline that protects you, and how appeals like yours turn out. One email, no spam.
We will only use this to send the guide. No spam, unsubscribe any time. We never sell your information.
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.