The Veteran died from non-small cell lung cancer, which is considered service-connected due to his exposure to herbicide agents during his time in the Republic of Vietnam. The Appellant is therefore entitled to DIC benefits.
The deciding factor: The Veteran's lung cancer was found to be a result of his active duty service and exposure to herbicide agents during his time in the Republic of Vietnam, meeting the criteria for direct service connection.
- Claimed conditions
- Non-small cell lung cancer
- How they argued it
- Direct service connection
- Exposure basis
- Gulf War
- Rating assigned
- None in this decision
- Decision date
- November 14, 2019
- Citation
- 19185753
What this means for you
A grant means the Board agreed the veteran was entitled to the benefit. Decisions like this show the kind of evidence and arguments that tend to succeed for claims like it.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Remanded (sent back)
The Veteran's non-small cell lung cancer rating was reduced from 100% to 0%, effective November 1, 2015. The Board has decided this issue is remanded due to uncertainty regarding the current status of his lung cancer.
- Granted
The Veteran's death was caused by non-small cell lung cancer, which is presumed to be due to herbicide exposure in the territorial sea of Vietnam. As a result, service connection for his cause of death has been granted.
- Denied
The Veteran's lung cancer was not found to be related to service, including exposure to herbicide agents or contaminated water at Camp Lejeune. The claim for service connection is denied.
- Denied
The Veteran's death was caused by non-small cell lung cancer, which was not the cause of death originally listed. The Appellant filed a new claim for DIC on May 4, 2015, and it was granted based on this updated cause of death. As no new evidence was submitted within one year of the November 2007 Board decision, an earlier effective date is not warranted.
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