The Veteran's death is not shown to be proximately caused by carelessness, negligence, lack of proper skill, error in judgment or similar instance of fault on the part of VA in furnishing hospital care, medical or surgical treatment, or examination. The Board finds that the most probative evidence does not show that it is at least as likely as not that the Veteran's death is due to such a cause.
The deciding factor: The October 2009 VA examiner's opinion is to the contrary and states that the squamous cell cancer diagnosed in December 2006 was a new lesion and not related to the calcified granuloma noted in September 2004.
- Claimed conditions
- lung cancer, throat cancer
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- February 14, 2018
- Citation
- 1809380
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. Read the original VA decision (opens in a new tab) using citation 1809380.
What this means for you
A final Board denial may be appealed to the U.S. Court of Appeals for Veterans Claims, generally within 120 days of the Board mailing date. A Supplemental Claim with new and relevant evidence is a separate option. Another Higher-Level Review of the Board decision is not available. Check your own notice: this historical decision does not set your deadline.
What you can do next
Use your own notice and decision stage. A remanded issue is not a final court-appealable denial. VA review guidance and CAVC filing instructions (U.S. federal; reviewed October 7, 2026).
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Whole decision: Granted
The Veteran's claim for a higher evaluation of his service-connected chronic fatigue and weakness due to chemotherapy and radiation treatment for lung cancer is granted, with an evaluation of 60 percent.,The Veteran's claim for a compensable rating for residuals of lung cancer from May 1, 2005 is denied.
- Whole decision: Remanded (sent back)
The Board has decided to remand the case due to a need for further evaluation of the Veteran's lung cancer and its relationship to service, including any in-service granuloma.
- Whole decision: Dismissed
The Board has vacated its decisions granting service connection for lung cancer and remanding issues of tinnitus and TDIU, but the Veteran's death means these appeals are dismissed.
- Whole decision: Denied
The Board denied the appellant's request for direct payment of attorney fees based on past-due benefits awarded in an April 2025 rating decision, as the decision was not a result of a valid appeal and did not award any past-due benefits.
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