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 assigned
- None in this 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. Look up the original decision on VA.gov (opens in a new tab) using citation 0937387.
What this means for you
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Related decisions
Other Board decisions on a similar condition or argued the same way.
- 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.
- 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.
- 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.
- 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.
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