The Board denied service connection for the cause of death as there was no evidence linking the Veteran's lung cancer, which was listed as the immediate cause of death, to his military service or any service-connected disability.
The deciding factor: There is no competent medical evidence showing a nexus between the Veteran's lung cancer and his military service or any service-connected disability. The death certificate amended the cause of death from pneumonia to lung cancer based on a conversation with the appellant, but there was no medical documentation supporting this diagnosis.
- Claimed conditions
- Pneumonia, Lung Cancer
- How they argued it
- Not specified
- Exposure basis
- Agent Orange / herbicides
- Rating assigned
- None in this decision
- Decision date
- March 16, 2009
- Citation
- 0909643
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 an adequate opinion regarding the Veteran's cause of death, specifically addressing toxic exposures during service and submitted medical literature.
- Denied
The Board determined that the reduction in rating from 100 percent to 30 percent for service-connected lung cancer was proper, and restoration of the 100 percent rating is not warranted. The criteria for entitlement to special monthly compensation based on housebound status have also not been met.
- Remanded (sent back)
The Board remands the claim for a VA examination to address all respiratory disabilities found or shown during the appeal period and to determine their relationship to service, including exposure to toxic or environmental hazards.
- Granted
The Board granted compensation pursuant to 38 U.S.C. § 1151 for the cause of the Veteran's death, resolving reasonable doubt in favor of the appellant.
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