The Veteran's claim for special monthly compensation based on the need for aid and attendance was denied as he did not meet the criteria due to his service-connected disabilities. The Board found that the Veteran required regular aid and attendance due to a non-service-connected condition (metastatic lung cancer).
The deciding factor: The Veteran's service-connected disabilities alone were insufficient to render him in need of regular aid and attendance, as he was also suffering from metastatic lung cancer which is not service-connected.
- Claimed conditions
- metastatic lung cancer
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- January 4, 2010
- Citation
- 1000066
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. Read the original VA decision (opens in a new tab) using citation 1000066.
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 cause of death, metastatic lung cancer, was found to be related to service and caused or contributed substantially to the Veteran's death. The Board granted entitlement to service connection for the Veteran's cause of death.
- Whole decision: Granted
The Veteran's cause of death was metastatic neuroendocrine carcinoma, which is presumed to be related to his exposure to herbicides during service in Vietnam. The Board found that the Veteran's service-connected metastatic lung cancer contributed substantially or materially to his death.,Entitlement to DIC under 38 U.S.C. § 1318 was dismissed as moot due to the grant of service connection for the cause of the Veteran's death.
- Whole decision: Remanded (sent back)
The Board has remanded the case due to insufficient evidence regarding whether the Veteran's esophageal cancer, which caused his death, was related to his service exposure to herbicide agents.
- Whole decision: Denied
The Veteran's cause of death was not caused by a service-connected disability, and the cancer did not manifest to a compensable degree within one year after discharge from service. The Veteran was rated 100% disabled for his mental health disorder less than two years before his death, but he was not rated continuously for ten years preceding death or continuously since release from active duty for at least five years preceding death.
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