The Board denied the Veteran's claims for service connection for cause of death, basic eligibility for VA death pension benefits, and accrued benefits. The Veteran died in April 2010 from acute respiratory failure due to non-small cell cancer of the lung with right-sided pneumothorax, but his conditions were not related to his military service.
The deciding factor: The Board found that there was no evidence linking the Veteran's cause of death (lung cancer) to his military service and thus denied service connection for cause of death. The Veteran did not have qualifying wartime service for pension purposes and had no pending claims or appeals at the time of his death, leading to denial of basic eligibility for VA death pension benefits and accrued benefits.
- Claimed conditions
- Acute respiratory failure, Non-small cell cancer of the lung, Right-sided pneumothorax
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- November 19, 2019
- Citation
- 19186898
Veterans Law Judge
Decisions by this judge: 2,088 · Granted: 33% (granted or partly granted, in the indexed 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. Read the original VA decision (opens in a new tab) using citation 19186898.
What this means for you
A final Board denial may be appealed to the U.S. Court of Appeals for Veterans Claims, generally within 120 days of the Board mailing date. A Supplemental Claim with new and relevant evidence is a separate option. Another Higher-Level Review of the Board decision is not available. Check your own notice: this historical decision does not set your deadline.
What you can do next
Use your own notice and decision stage. A remanded issue is not a final court-appealable denial. VA review guidance and CAVC filing instructions (U.S. federal; reviewed October 7, 2026).
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Whole decision: Denied
The Board has determined that the Veteran's death was not caused by any service-connected disability, and thus denied his claim for service connection for cause of death.
- Whole decision: Denied
The Board has denied the Veteran's claim for service connection for cause of death due to acute respiratory failure and subdural hematoma, finding that no service-connected disability contributed substantially or materially to his death. The Veteran served in Vietnam but there is no evidence of a service-connected condition related to Agent Orange exposure.
- Whole decision: Remanded (sent back)
The Board has determined that the Veteran's cause of death (acute respiratory failure, atrial fibrillation, and/or hypertension) is related to his active duty service, including from exposure to toxins and chemicals from open burn pits during the harsh winters in Korea. The Board finds a pre-decisional duty to assist error and remands for obtaining a VA medical opinion.
- Whole decision: Denied
The Veteran's cause of death was due to acute respiratory failure, with pulmonary edema, acute renal failure, renal cell cancer, and coronary artery disease as contributing causes. The VA examiner found that the asbestos exposure did not contribute to these conditions.
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