The Board denied the Veteran's claim for service connection for the cause of his death due to lack of competent evidence showing a service-connected disability was either the principal or contributory cause of his death. The Veteran died from non-small cell carcinoma of the lung, which is not considered service connected.
The deciding factor: There is no conclusive evidence that the Veteran had in-country service in Vietnam and thus no presumption of exposure to Agent Orange applies. Additionally, there was no competent medical evidence linking the Veteran's lung cancer to his active duty service or any other etiology.
- Claimed conditions
- Non-small cell carcinoma of the lung
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- March 21, 2017
- Citation
- 1708661
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 1708661.
What this means for you
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Related decisions
Other Board decisions on a similar condition or argued the same way.
- Granted
The Veteran's chemotherapy-induced headaches are currently rated at 30 percent, effective July 10, 2013. The Board finds that a higher rating is not warranted based on the severity of his symptoms and treatment.
- Remanded (sent back)
The Board has remanded several issues for further development, including an increased disability rating for non-small cell carcinoma of the lung and headaches, as well as service connection for obstructive sleep apnea secondary to PTSD. The Veteran's claims are pending resolution.
- Granted
The Board has determined that the Veteran's lung cancer, which was a primary cause of his death in September 2016, is related to service. The evidence is in equipoise as to whether the lung cancer was caused by exposure to hazardous chemicals and carcinogens during military service.
- Remanded (sent back)
The Veteran's rating for non-small cell carcinoma of the lung, status post lobectomy was reduced from 10 percent to zero percent. The Board has determined that this reduction was improper and has ordered a remand to address the current severity and manifestations of his service-connected condition.
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