The Board denied service connection for the cause of death due to lung cancer, finding that there was no evidence linking the Veteran's exposure to asbestos in service to his current condition. The Board also found that the Veteran did not have a continuous symptom since service and concluded that smoking was more likely the cause of his adenocarcinoma.
The deciding factor: The weight of the competent evidence does not attribute the Veteran’s death to military service despite the Appellant's contentions, as there is no medical link between asbestos exposure in service and the Veteran's current condition.
- Claimed conditions
- Lung Cancer
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- April 18, 2019
- Citation
- 19129997
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.
- Denied
The Board determined that the reduction in rating from 100 percent to 30 percent for service-connected lung cancer was proper, and restoration of the 100 percent rating is not warranted. The criteria for entitlement to special monthly compensation based on housebound status have also not been met.
- Granted
The Board granted service connection for chronic obstructive pulmonary disease (COPD), bladder cancer, and lung cancer as secondary to the Veteran's in-service asbestos exposure.
- Granted
The Board granted an effective date of August 26, 2010 for the award of a 30 percent evaluation for COPD, asbestosis, and lung cancer.
- Denied
The Board denied the claims for increased disability evaluations and effective dates, as well as dismissed the claims related to lung cancer and SMC on housebound status.
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