The Board found that the Veteran's death was not caused by a service-connected condition and did not meet the criteria for DIC benefits under 38 U.S.C.A. § 1318.
The deciding factor: The evidence did not show any service connection for the cause of death, nor did it demonstrate continuous total disability due to service-connected conditions prior to death.
- Claimed conditions
- Non-small cell carcinoma of the lung
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- October 1, 2009
- Citation
- 0937387
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 0937387.
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: Granted
The Veteran's chemotherapy-induced headaches are currently rated at 30 percent, effective July 10, 2013. The Board finds that a higher rating is not warranted based on the severity of his symptoms and treatment.
- Whole decision: Remanded (sent back)
The Board has remanded several issues for further development, including an increased disability rating for non-small cell carcinoma of the lung and headaches, as well as service connection for obstructive sleep apnea secondary to PTSD. The Veteran's claims are pending resolution.
- Whole decision: Granted
The Board has determined that the Veteran's lung cancer, which was a primary cause of his death in September 2016, is related to service. The evidence is in equipoise as to whether the lung cancer was caused by exposure to hazardous chemicals and carcinogens during military service.
- Whole decision: Remanded (sent back)
The Veteran's rating for non-small cell carcinoma of the lung, status post lobectomy was reduced from 10 percent to zero percent. The Board has determined that this reduction was improper and has ordered a remand to address the current severity and manifestations of his service-connected condition.
Free starter guide for your own claim
Reading this because you were denied or under-rated? Get the plain-English next steps — your appeal options, the deadline that protects you, and how appeals like yours turn out. One email, no spam.
We will only use this to send the guide. No spam, unsubscribe any time. We never sell your information.
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.