The Veteran's surviving spouse is granted service connection for metastatic non-small cell lung carcinoma, which was presumed to be caused by his in-service exposure to herbicide agents.
The deciding factor: Evidence at the time of the Veteran's death showed a diagnosis of metastatic non-small cell lung carcinoma and presumptive service connection based on in-service herbicide agent exposure.
- Claimed conditions
- metastatic non-small cell lung carcinoma
- How they argued it
- Presumptive (no nexus needed)
- Exposure basis
- Agent Orange / herbicides
- Rating assigned
- None in this decision
- Decision date
- December 29, 2010
- Citation
- 1048309
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 1048309.
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.
- Denied
The Board found that the Veteran's cause of death, metastatic non-small cell lung carcinoma, was not caused or aggravated by his in-service asbestos exposure. The preponderance of evidence supports a finding that the cancer did not manifest during service and is not related to service-connected conditions.
- Denied
The Board denied entitlement to service connection for the cause of the Veteran's death, finding that there was no evidence of herbicide exposure and that lung cancer did not originate in service.
- Remanded (sent back)
The Board has determined that further development is needed to determine the cause of the Veteran's death and whether any service-connected disability contributed substantially or materially to his death. The appellant must provide additional evidence, such as CT scan images of the Veteran's lungs.
- Denied
The Board denied entitlement to service connection for cause of the Veteran's death, finding that there was no evidence linking his lung cancer and asbestos exposure in service. The preponderance of the evidence did not support a conclusion that service caused or contributed substantially to his death.
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