The Veteran's death was not caused by any fault on the part of VA, and therefore his claim for dependency and indemnity compensation under 38 U.S.C. § 1151 is denied.
The deciding factor: The Board found no evidence of carelessness, negligence, or other fault on the part of VA in the Veteran's treatment, leading to a denial of the claim.
- Claimed conditions
- adenocarcinoma of the right lung, right neck mass metastatic cancer, T1 corpectomy and tumor resection for metastatic cancer to the T1 body
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- October 11, 2018
- Citation
- 18141725
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 18141725.
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: Remanded (sent back)
The Board is remanding the case to determine if the U.S.S. Apache and U.S.S. Brinkley Bass were within 12 nautical miles of Vietnam when they rendezvoused with the U.S.S. Piedmont on February 7, 1966.
- Whole decision: Remanded (sent back)
Service connection for lung cancer and COPD is granted on a presumptive basis due to the PACT Act. Service connection for other respiratory conditions, including chronic bronchitis, remains pending.
- Whole decision: Remanded (sent back)
The Board has determined that additional development is necessary to determine if the Veteran was exposed to asbestos during service and whether his lung disability, including adenocarcinoma of the right lung, emphysematous changes, and varying degrees of interstitial fibrosis of the right lung, is related to service. The case is being remanded for these purposes.
- Whole decision: Remanded (sent back)
The Veteran's adenocarcinoma of the right lung is being remanded for further evaluation due to incomplete medical opinions.
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