The Board found that the appellant does not have legal standing to act on behalf of her granddaughter, ANB, and thus dismissed the claim for service connection for cause of the Veteran's death.
The deciding factor: Alabama law terminated the appellant's parental rights upon the adoption of her granddaughter by the Veteran and his wife, leaving her without legal right to submit a claim for VA benefits on behalf of the adopted child.
- Claimed conditions
- metastatic lung cancer
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- July 10, 2012
- Citation
- 1223869
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 1223869.
What this means for you
A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot. It says more about procedure than about whether a claim like this can win.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Granted
The Veteran's cause of death, metastatic lung cancer, was found to be related to service and caused or contributed substantially to the Veteran's death. The Board granted entitlement to service connection for the Veteran's cause of death.
- Granted
The Veteran's cause of death was metastatic neuroendocrine carcinoma, which is presumed to be related to his exposure to herbicides during service in Vietnam. The Board found that the Veteran's service-connected metastatic lung cancer contributed substantially or materially to his death.,Entitlement to DIC under 38 U.S.C. § 1318 was dismissed as moot due to the grant of service connection for the cause of the Veteran's death.
- Remanded (sent back)
The Board has remanded the case due to insufficient evidence regarding whether the Veteran's esophageal cancer, which caused his death, was related to his service exposure to herbicide agents.
- Denied
The Veteran's cause of death was not caused by a service-connected disability, and the cancer did not manifest to a compensable degree within one year after discharge from service. The Veteran was rated 100% disabled for his mental health disorder less than two years before his death, but he was not rated continuously for ten years preceding death or continuously since release from active duty for at least five years preceding death.
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