The Veteran's death was not service-connected, and the claim for DIC benefits under 38 U.S.C. § 1318 is denied. The cause of the Veteran’s death (Pancoast right lung cancer) needs to be clarified with an additional VA medical opinion regarding its relation to in-service asbestos exposure.
The deciding factor: The Board found that the Veteran was not service-connected for any disability and did not have a pending claim for VA benefits at the time of his death. The cause of death is Pancoast right lung cancer, which needs clarification with an additional medical opinion regarding its relation to in-service asbestos exposure.
- Claimed conditions
- Pancoast right lung cancer
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 7, 2019
- Citation
- 19183904
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.
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