The Board denied service connection for the cause of the veteran's death and entitlement to DIC benefits pursuant to 38 U.S.C.A. § 1318, as there was no evidence that a service-connected disability caused or contributed substantially to the veteran's death.
The deciding factor: The competent medical evidence did not establish that any service-connected disability was either the principal or contributory cause of the veteran's death, and there was no evidence linking lung cancer to tobacco use resulting from his anxiety disorder.
- Claimed conditions
- Metastatic non small cell cancer lung, Respiratory failure
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 23, 2009
- Citation
- 0902462
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.
- Remanded (sent back)
The Board remands the claim for service connection for the cause of the Veteran's death to consider additional evidence regarding exposure to contaminated water at Camp Lejeune.
- Granted
The Board granted the claim for Death and Indemnity Compensation (DIC) based on service connection for the cause of the Veteran's death, due to his in-service exposures to herbicides and extreme cold temperatures.
- Remanded (sent back)
The Board remands the claim for a medical opinion regarding the Veteran's cause of death, specifically addressing whether his respiratory failure, septic shock, hemorrhagic shock, gastrointestinal hemorrhage, diabetes mellitus, coronary artery disease, and chronic osteomyelitis of the right leg were related to in-service toxic exposure or an in-service right leg injury.
- Denied
The Board denied service connection for the Veteran's cause of death, finding no evidence linking his respiratory failure, pneumonia, malignant neoplasm of the esophagus, gastrointestinal bleeding, or chronic obstructive pulmonary disease to his military service, including exposure to herbicides and Camp Lejeune contaminated water.
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