The Board denied service connection for the cause of the Veteran's death, finding that neither his service-connected conditions nor any presumptively service-connected condition (due to Agent Orange exposure) contributed substantially or materially to his death.
The deciding factor: The metastatic colon cancer was not related to service. The lung cancer, presumed due to Agent Orange exposure, did not contribute substantially or materially to the Veteran's death as evidenced by the absence of any competent medical evidence linking it to service.
- Claimed conditions
- Metastatic colon cancer, Lung cancer (presumptively service-connected due to Agent Orange exposure)
- How they argued it
- Not specified
- Exposure basis
- Gulf War
- Rating assigned
- None in this decision
- Decision date
- August 7, 2009
- Citation
- 0929539
This is a plain-language summary generated by AI from a public Board of Veterans’ Appeals decision. It can contain errors — always verify against the original. Look up the original decision on VA.gov (opens in a new tab) using citation 0929539.
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 remanded the claim for service connection for the cause of the veteran's death and DIC benefits because the Regional Office failed to obtain a VA medical opinion to determine whether the veteran's service-connected disabilities caused, contributed to, or aggravated his death from metastatic colon cancer. The Board found a reasonable possibility that a medical opinion would aid in substantiating the claim, particularly regarding whether alcohol use disorder was a risk factor for the colon cancer.
- Remanded (sent back)
The Board remands the service connection claim for metastatic colon cancer as the Veteran's cause of death to obtain an addendum opinion addressing the etiology of the condition, considering all applicable military deployments and toxic exposure risk activities.
- Granted
The Veteran's service-connected diabetes mellitus, type II contributed to his death from metastatic colon cancer. The Board finds that the evidence is at least in equipoise and grants service connection for the cause of the Veteran's death.
- Denied
The Board has determined that the Veteran's cause of death was not related to his active military service, including exposure to asbestos or non-ionizing radiation. The Board also found no evidence of VA negligence in diagnosing and treating the Veteran.
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