The Board denied the appellant's claims for service connection for the cause of the Veteran's death and entitlement to Dependency and Indemity Compensation (DIC) pursuant to 38 U.S.C. § 1318, as there was no evidence that the Veteran's lung cancer, which caused his death, was related to his military service.
The deciding factor: The Board found that the Veteran's lung cancer was not incurred during service, aggravated by service, or proximately due to, or the result of, a service-connected disability, including exposure to herbicides.
- Claimed conditions
- lung cancer
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- March 9, 2009
- Citation
- 0908677
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.
- Granted
The Board granted service connection for the cause of the Veteran's death, finding that his lung cancer was related to his service-connected melanoma.
- Partly granted
The Board granted an effective date of December 12, 2023, for a 50 percent evaluation of bipolar disorder and remanded the other issues for further development.
- Remanded (sent back)
The Board remands the claim for an adequate medical opinion regarding the Veteran's cause of death, including lung cancer and cardio-pulmonary arrest, to address in-service toxic exposures.
- Dismissed
The Board dismissed the veteran's appeals for service connection for various conditions due to a lack of jurisdiction over the claims.
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