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
Related decisions
Other Board decisions on a similar condition or argued the same way.
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The Board has decided to remand the claim of service connection for COPD due to duty-to-assist errors and a need for a supplemental medical opinion.
- Denied
The Veteran's cause of death, lung cancer, was not related to his active duty service and therefore service connection for the cause of death is denied.
- Denied
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- Remanded (sent back)
The Veteran's claim for service connection for COPD is remanded due to a duty to assist error. The Board requests an addendum opinion from a pulmonologist or clinician with appropriate expertise to determine if the Veteran's COPD is etiologically related to his VA conceded TERA exposure, including exposure to TCDD, jet fuel and engine exhaust, hazardous chemicals, lead, vehicle engine exhaust fumes, chemical vapors, oily/hazardous waste, chemical solvents, and compressed gases.
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