The Board denied the Veteran's claim for service connection for the cause of his death due to asbestos exposure during service and denied DIC benefits under 38 U.S.C. § 1151 due to VA negligence in providing care and treatment, finding that there was no evidence linking any of the causes of death to service or VA care.
The deciding factor: The Board found insufficient evidence to link the Veteran's cause of death (multi-organ system failure with contributory causes of septicemia and metastatic lung cancer) to his active duty service or to VA care, finding that there was no evidence suggesting a relationship between asbestos exposure during service and the Veteran’s death.
- Claimed conditions
- multi-organ system failure, septicemia, metastatic lung cancer
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- February 5, 2019
- Citation
- 19108527
Veterans Law Judge
Decisions by this judge: 2,451 · Granted: 22% (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 19108527.
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Related decisions
Other Board decisions on a similar condition or argued the same way.
- Denied
The Board denied DIC and survivors' pension benefits due to the lack of evidence linking septicemia to service, and because the Appellant's income exceeded the maximum annual pension rate.
- Granted
The Veteran's cause of death, metastatic lung cancer, was found to be related to service and caused or contributed substantially to the Veteran's death. The Board granted entitlement to service connection for the Veteran's cause of death.
- Granted
The Veteran's cause of death was metastatic neuroendocrine carcinoma, which is presumed to be related to his exposure to herbicides during service in Vietnam. The Board found that the Veteran's service-connected metastatic lung cancer contributed substantially or materially to his death.,Entitlement to DIC under 38 U.S.C. § 1318 was dismissed as moot due to the grant of service connection for the cause of the Veteran's death.
- Remanded (sent back)
The Board has remanded the case due to insufficient evidence regarding whether the Veteran's esophageal cancer, which caused his death, was related to his service exposure to herbicide agents.
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