The Board found that the Veteran's service-connected disabilities did not contribute to his death, and thus denied both the cause of death claim and the DIC claim under 38 U.S.C.A. § 1318.
The deciding factor: The VA examiner concluded that there was no evidence linking the Veteran's carcinoma of the lung to any of his service-connected disabilities or to his military service, including a shell fragment wound to the left thigh and a gun shot wound to the right chest with hemothorax.
- Claimed conditions
- residuals of a shell fragment wound to the left thigh involving muscle group XIV, residuals of a gun shot wound of the right chest with a hemothorax involving muscle group XII and XIII, scars to the dorsum of the left hand as a result of a gun shot wound, involving muscle group IX, residuals of a gun shot wound to the neck resulting in scarring with foreign bodies, involving muscle group XXII, residuals of a gun shot wound to the left face resulting in scarring with retention of foreign bodies
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- November 2, 2009
- Citation
- 0941607
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 0941607.
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 denied the veteran's claims for increased ratings for his service-connected lumbar myositis, psychoneurosis and conversion hysteria, residuals of shrapnel wounds of the left thigh and pelvis with retained foreign bodies and scars, and residuals of shell fragment wounds of the right thigh and left leg. The veteran was also denied entitlement to a total disability rating based on individual unemployability due to service-connected disabilities.
- Whole decision: Denied
The Board denied the Veteran's claim for an initial evaluation in excess of 10 percent for his service-connected coronary artery disease, finding that the evidence did not support a higher rating based on the severity of his condition.
- Whole decision: Denied
The Veteran's service-connected musculoligamentous strain, right knee, is currently rated at 10 percent and the Board finds that a higher rating is not warranted.
- Whole decision: Granted
The Veteran's claim for service connection for PTSD is granted as the evidence shows a current diagnosis of PTSD, an in-service stressor, and a medical link between the two.
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