The Board finds that the Veteran's death was likely caused by VA's failure to diagnose his lung cancer, which could have been avoided if proper diagnosis and treatment had been rendered. As a result, the criteria for DIC under 38 U.S.C.A. § 1151 are met.
The deciding factor: The Board determined that the Veteran's death was likely caused by VA's failure to diagnose his lung cancer, which could have been avoided if proper diagnosis and treatment had been rendered.
- Claimed conditions
- Non-small cell lung cancer, Pneumonia
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- August 13, 2014
- Citation
- 1436168
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 1436168.
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 denied service connection for the cause of the Veteran's death, finding that none of the listed causes were related to his military service and no service-connected disability contributed to his death.
- Remanded (sent back)
The Board has determined that there are duty to assist errors in the current decision and remands the case for further development, including obtaining an ILER and a medical opinion regarding the etiology of the Veteran's cause of death.
- Denied
The Board denied the Veteran's claim of service connection for cause of death, finding that his service-connected conditions did not contribute to his death. The evidence showed well-controlled heart symptoms prior to death and no causal relationship between anxiety and cardiopulmonary disease or renal failure.
- Remanded (sent back)
The Veteran's cause of death is being remanded for further development to determine if it was related to in-service TERA exposure.
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