The Veteran's death was caused by cancer of the lungs, but his service-connected conditions did not contribute to his cause of death. The Board denied DIC benefits under 38 U.S.C.A. § 1318 as he did not have a total disability rating for at least ten years prior to his death.
The deciding factor: The Veteran's cancer was the primary cause of death, but his service-connected conditions were not found to be contributory factors in his death.
- Claimed conditions
- cancer of the lungs
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- September 10, 2009
- Citation
- 0933901
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. Search VA.gov for the original decision (opens in a new tab) using citation 0933901.
What this means for you
A final Board denial may be appealed to the U.S. Court of Appeals for Veterans Claims, generally within 120 days of the Board mailing date. A Supplemental Claim with new and relevant evidence is a separate option. Another Higher-Level Review of the Board decision is not available. Check your own notice: this historical decision does not set your deadline.
What you can do next
Use your own notice and decision stage. A remanded issue is not a final court-appealable denial. VA review guidance and CAVC filing instructions (U.S. federal; reviewed October 7, 2026).
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Whole decision: Denied
The Board found that the Veteran's lung cancer was not incurred or aggravated during his military service and did not have its onset during service. The expert opinion concluded that the Veteran's cold injuries did not contribute to or accelerate his fatal lung cancer.
- Whole decision: Remanded (sent back)
The Board has remanded the case due to issues related to whether the deceased's character of discharge from military service is a bar to VA benefits, as well as claims for service connection for lung cancer and brain cancer. The appeal will be reconsidered after addressing the issue of substitution.
- Whole decision: Granted
The Veteran's death was determined to be due to cancer of the lungs, which is presumed service-connected based on herbicide exposure in Vietnam. The Board found that the evidence was in equipoise and granted DIC benefits.
- Whole decision: Denied
The Board has determined that the cause of the veteran's death was not due to a service-connected disability, and thus denied the claim for service connection for the cause of the veteran's death.
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