The Board denied service connection for the cause of the Veteran's death, accrued benefits, and burial benefits as there was no evidence that a disability or disease of service origin contributed substantially or materially to the Veteran's death.
The deciding factor: There is no credible evidence indicating actual exposure to herbicides in service, and the first objective findings of record related to lung cancer are more than 30 years after discharge from active service.
- Claimed conditions
- small cell lung cancer
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- March 10, 2009
- Citation
- 0908840
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 grants an earlier effective date of March 24, 2023, for the awards of service connection for lung cancer, kidney cancer, and liver cancer.
- Granted
The Board granted entitlement to service connection for the cause of the Veteran's death due to small cell lung cancer, and awarded DIC benefits from October 20, 2016.
- Remanded (sent back)
The Board remands the appeal to correct an error by the AOJ to satisfy its duty to assist the claimant under 38 U.S.C. § 5103A, specifically regarding the need for a medical opinion and compliance with the PACT Act.
- Denied
The claim for VA home loan guaranty benefits is denied because the Veteran did not die from a service-connected disability and was not in receipt of compensation at the time of his death.
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