The Board denied the claim for service connection for cause of death as there was no evidence that the Veteran's lung cancer or acute myocardial infarction were caused by his military service, including exposure to radon gas.
The deciding factor: The evidence did not show a reasonable probability that the Veteran's lung cancer or acute myocardial infarction were caused by injury or disease that began in service.
- Claimed conditions
- Acute respiratory failure due to extensive pneumonia as a consequence of carcinoma of the lung, Acute myocardial infarction
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- March 12, 2009
- Citation
- 0909294
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 case to obtain new medical opinions regarding the Veteran's cause of death, specifically addressing his service in the Panama Canal Zone and potential exposure to toxins.
- Remanded (sent back)
The Board remands the case to determine whether the Veteran's service included travel to or near the DMZ or exposure to herbicide agents while in Korea.
- Remanded (sent back)
The Board has remanded the case due to insufficient medical opinion regarding the relationship between the Veteran's in-service asbestos exposure and his death from acute respiratory failure. The appellant is asked to provide any relevant private treatment records, and VA will attempt to obtain them on her behalf.
- Granted
The Board has determined that the Veteran's service aboard the USS White Plains in the territorial waters off of Vietnam, combined with credible observations by a fellow sailor, entitles the appellant to presumptive service connection for exposure to herbicide agents. As such, the cause of the Veteran’s death is now considered service-connected.
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