The Veteran's death was due to myocardial infarction, COPD, emphysema and lung carcinoma. The cause of these conditions is unclear as the Veteran had no pending claims at the time of his death. His exposure to asbestos during service is not established. The claim for VA death pension benefits is also remanded due to insufficient information about the number of dependents.
The deciding factor: The Veteran's death was caused by myocardial infarction, COPD, emphysema and lung carcinoma, but the exact cause is unclear as there were no pending claims at the time of his death. The exposure to asbestos during service has not been established.
- Claimed conditions
- myocardial infarction, COPD, emphysema, lung carcinoma
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 17, 2019
- Citation
- 19104270
Veterans Law Judge
Decisions by this judge: 2,017 · Granted: 36% (granted or partly granted, in the vetted 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. Look up the original decision on VA.gov (opens in a new tab) using citation 19104270.
What this means for you
A remand is not a loss. The Board sent the case back for more development — often a new exam or missing records — before making a final decision. Many remands later end in a grant, and the decision spells out exactly what the Board wanted to see.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Denied
The Board denied the Veteran's claim for service connection for COPD, finding that there is no evidence of a nexus between his current respiratory disability and active duty service. The VA examiner concluded that the COPD was more likely due to tobacco use rather than asbestos exposure in service.
- Granted
The Board has granted service connection for the cause of the Veteran's death, attributing it to his exposure to Agent Orange during service. COPD is considered a disease associated with such exposure.
- Granted
The Veteran's service connection claim for coronary artery disease with myocardial infarction is granted on a presumptive basis due to exposure to herbicide agents during his active duty in Korea.
- Granted
The Board has determined that new and relevant evidence has been received to reopen the claim of service connection for COPD. The Veteran's COPD is presumed due to exposure to herbicides, but the evidence does not support a finding that it began during active service or is related to in-service exposure.
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