The Veteran's cause of death was not service connected as his lung cancer was not related to in-service asbestos exposure. The Board denied the claim for DIC benefits under 38 U.S.C. § 1310 and 38 U.S.C. § 1318.
The deciding factor: The VA medical opinion found that the Veteran's cause of death was not substantially and/or materially caused by, related to, or a result of in-service asbestos exposure.
- Claimed conditions
- metastatic lung cancer
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- June 4, 2019
- Citation
- 19142500
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 remands the service connection claims for various cancers and eye conditions due to an alleged failure to properly investigate toxic exposures during service, including at Fort Wainwright.
- Remanded (sent back)
The Board remands the claim for service connection for the cause of the Veteran's death to obtain additional evidence and a medical opinion.
- Denied
The Veteran's death was not caused by service-connected conditions, and the evidence does not support a finding of exposure to herbicide agents during service. Therefore, the claim for service connection for the cause of death is denied.
- Remanded (sent back)
The Board has remanded the case due to insufficient medical opinions regarding the etiology of the Veteran's death and its contributory causes. The appellant must provide additional evidence from a VA examiner.
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.