The Veteran's death was not caused by a service-connected disability, and VA did not fail to timely diagnose or treat his cancer. Therefore, DIC benefits under both § 1151 and § 1318 are denied.
The deciding factor: The cause of the Veteran's death (end-stage NSCLC) is not shown to have first manifested in service, nor was it caused by a service-connected disability or proximately caused by VA care. The Veteran did not meet the eligibility criteria for DIC benefits under § 1318.
- Claimed conditions
- end-stage nonsmall cell lung cancer (NSCLC), alcoholism, cervical radiculopathy
- How they argued it
- Not specified
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- March 15, 2010
- Citation
- 1009564
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 1009564.
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: Dismissed
The Veteran withdrew his appeal for service connection of carpal tunnel syndrome in the left upper extremity, and the Board has dismissed this case.
- Whole decision: Remanded (sent back)
The Board has decided to remand the case due to insufficient evidence regarding whether the Veteran's alcoholism is secondary to his service-connected adjustment disorder with anxiety and depression.
- Whole decision: Dismissed
The Veteran's appeals for reductions in disability ratings were dismissed because the proposed reductions were not final decisions and did not include a hearing request.
- Whole decision: Remanded (sent back)
The Board has decided to remand the claims of service connection for cervical degenerative joint disease and cervical radiculopathy, as these issues are related to a previously service-connected lumbar spine condition. The Veteran's claim will be reconsidered with new medical opinions provided.
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