The claim to reopen the service connection for the cause of death is granted, but the service connection itself is denied as the Veteran's death was not caused by a previously nonservice-connected disability.
The deciding factor: Service connection for the cause of death based on tobacco use during service is prohibited due to legal restrictions and because no in-service disabilities were listed on the death certificate.
- Claimed conditions
- chronic obstructive lung disease, anemia
- How they argued it
- Reopened with new and material evidence
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- October 3, 2018
- Citation
- 18140470
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 18140470.
What this means for you
A grant means the Board allowed the benefit or issue identified in this decision. Review the original order: other issues in the same appeal may have a different outcome, and this decision does not predict another claim.
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: Remanded (sent back)
The Veteran's eligibility for PCAFC benefits is remanded due to the AOJ's failure to address whether it is in the best interest of the Veteran to participate in the program. The Board finds that the Veteran has been in need of personal care services for at least six continuous months based on an inability to perform the ADL of bathing.
- Whole decision: Remanded (sent back)
The Veteran's claims for earlier effective dates and increased ratings are being remanded due to the need for further review of the evidence. The Board is unable to determine if there was a factual increase in disability prior to the effective dates requested, or if service connection should be granted based on the current evidence.
- Whole decision: Denied
The Veteran's service-connected disabilities did not prevent him from maintaining employment in the construction industry, and he was able to work with accommodations such as sedentary work and frequent breaks. The Board denied his claim for a TDIU.
- Whole decision: Remanded (sent back)
The Veteran's death is attributed to multiple conditions, including chronic obstructive lung disease. The Board has decided that the service connection for the cause of death must be remanded due to a duty-to-assist error.
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