The Veteran's lung cancer, presumed to be caused by Agent Orange exposure during service, was found to have contributed substantially to his death. However, the Veteran did not meet the criteria for DIC under 38 U.S.C.A. § 1318 as he had not been rated as totally disabled due to a service-connected condition for at least 10 years immediately preceding his death.
The deciding factor: The lung cancer was found to be related to Agent Orange exposure, but the Veteran's PTSD did not meet the criteria for DIC under 38 U.S.C.A. § 1318 as he had not been rated as totally disabled due to a service-connected condition for at least 10 years immediately preceding his death.
- Claimed conditions
- Chronic Obstructive Pulmonary Disease (COPD), Arteriosclerotic Cardiovascular Disease, Lung Cancer
- How they argued it
- Not specified
- Exposure basis
- Agent Orange / herbicides
- Rating assigned
- None in this decision
- Decision date
- February 24, 2010
- Citation
- 1006783
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 1006783.
What this means for you
A grant means the Board agreed the veteran was entitled to the benefit. Decisions like this show the kind of evidence and arguments that tend to succeed for claims like it.
What you can do next
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- Remanded (sent back)
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- Partly granted
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