The Veteran's lung cancer, which caused his death, is presumed to have been incurred in service due to exposure to herbicide agents. The Board has determined that the evidence is at least in equipoise as to whether the lung cancer was a primary cancer and granted service connection for the cause of the Veteran's death.
The deciding factor: Qualified experts in lung pathology were unable to reach any consensus on whether the lung cancer was metastatic or primary, leading to reasonable doubt resolved in favor of the claimant.
- Claimed conditions
- primary lung cancer
- How they argued it
- Presumptive (no nexus needed)
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 14, 2016
- Citation
- 1640616
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 1640616.
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.
- Remanded (sent back)
The Veteran's cause of death is remanded due to conflicting opinions on the relationship between his metastatic kidney cancer and service, including Agent Orange exposure. The issue of whether a primary lung cancer at the time of death was a significant contributing factor to his death remains unresolved.
- Denied
The Veteran's claims for service connection for heart disease, anoxic encephalopathy, and primary lung cancer have been denied. The Board found no evidence linking these conditions to service or the in-service asbestos exposure.
- Denied
The Board has determined that the cause of the Veteran's death was metastatic esophageal carcinoma, which is not service-connected due to lack of evidence linking it to his presumed exposure to Agent Orange. The Board also found no evidence of primary lung cancer and concluded that the esophageal cancer did not result from Agent Orange exposure.
- Denied
The Board denied reopening the claim for service connection for the cause of the Veteran's death, finding that new and material evidence had not been received to support the claim.
Free starter guide for your own claim
Reading this because you were denied or under-rated? Get the plain-English next steps — your appeal options, the deadline that protects you, and how appeals like yours turn out. One email, no spam.
We will only use this to send the guide. No spam, unsubscribe any time. We never sell your information.
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.