The Veteran died in September 2005 and had not received any VA compensation at the time of his death. The appellant's claim for accrued benefits is denied as the Veteran was not entitled to any VA compensation.
The deciding factor: The Veteran did not have a pending claim or entitlement to service connection at the time of his death, nor were there existing rating decisions that would qualify him for accrued benefits.
- Claimed conditions
- metastatic carcinoma of the lung
- How they argued it
- Not specified
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- January 11, 2019
- Citation
- 19103087
Veterans Law Judge
Decisions by this judge: 1,911 · Granted: 10% (granted or partly granted, in the indexed decisions on this site)
Judge attribution: 2025 complete; earlier years partial.
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 19103087.
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: Denied
The Veteran's cause of death was not service-connected, and his DIC claim under 38 U.S.C. § 1318 was denied as he did not meet the criteria for a total disability rating.
- Whole decision: Denied
The Board denied service connection for the cause of death due to metastatic carcinoma of the lung, finding that there was not an approximate balance of positive and negative evidence regarding a nexus between the Veteran's cancer and service. The Board found the VA examiner's opinion more probative than the appellant's assertion.
- Whole decision: Remanded (sent back)
The Board has remanded the claims for service connection and SMC based on aid and attendance/housebound status due to incomplete development, including verifying herbicide exposure during service. The claim for death pension benefits is dismissed as moot.
- Whole decision: Remanded (sent back)
The Board has remanded the case due to uncertainty about whether the Veteran's cause of death, metastatic carcinoma of the lung, is related to his military service. The VA needs to provide an opinion on this issue.
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