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 assigned
- None in this 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. Look up the original decision on VA.gov (opens in a new tab) using citation 18141725.
What this means for you
A denial is a starting point, not the end of the road. You can see why this claim fell short — and, if you are still inside the one-year window, the appeal lanes that may remain open to you.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- 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.
- 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.
- 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.
- 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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