The Board denied the appellant's claim for service connection for the cause of the Veteran's death, finding no nexus between his fatal metastatic cancer or pneumonia and any incident of active service.
The deciding factor: The competent medical evidence was against a nexus between the Veteran's fatal metastatic cancer or pneumonia and any incident of active service, including an apparent remote episode of malaria or a claimed recurrence of malaria in 1978; the overwhelming competent medical evidence was against a finding that the Veteran's pneumonia was caused or aggravated by malaria.
- Claimed conditions
- Metastatic carcinoma involving the liver, lungs and lymph nodes, Right pneumothorax, Pneumonia
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- March 18, 2009
- Citation
- 0910132
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.
- 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.
- Remanded (sent back)
The Board remands the claims for service connection for bilateral hearing loss, pneumonia, and a right ankle condition due to a pre-decision duty to assist error.
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