The Veteran's death was not service-connected, and the appellant did not meet the durational requirement for a total disability rating at the time of his death. The Board found that neither the Veteran nor the appellant had established clear and unmistakable error in any prior decision to warrant retroactive benefits.
The deciding factor: The Veteran died from metastatic lung carcinoma, which was not service-connected. He did not meet the durational requirement for a total disability rating at the time of his death.
- Claimed conditions
- metastatic lung carcinoma, renal failure
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- March 7, 2011
- Citation
- 1108880
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 1108880.
What this means for you
A denial is a starting point, not the end of the road. You can see why this claim fell short — and, if you are still inside the one-year window, the appeal lanes that may remain open to you.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Remanded (sent back)
The Board has decided to remand the case due to inadequate VA examinations and the need for further medical opinions regarding the Veteran's chronic kidney disease.
- Remanded (sent back)
The Board has decided to remand the case due to insufficient medical opinions regarding the etiology of the Veteran's causes of death, including Agent Orange exposure and contaminated water exposure at Camp Lejeune. The appellant is free to highlight post-decisional evidence for the benefit of the examiner.
- Granted
The Board has determined that the severance of service connected death benefits was improper and grants the appeal.
- Dismissed
The Veteran's appeal was dismissed because the Board Appeal request was not timely filed within one year of the rating decision, and no good cause for extension was presented.
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