The Board has granted service connection for the cause of the Veteran's death due to asbestos exposure during active duty, finding that it contributed substantially or materially to the Veteran's death. The DIC claim under 38 U.S.C. § 1318 is dismissed as the alternative benefit sought has already been awarded.
The deciding factor: The Board found that the evidence was in relative equipoise regarding whether asbestos exposure during active duty contributed to the Veteran’s cause of death, and granted service connection based on this finding.
- Claimed conditions
- Respiratory failure, Lung cancer with metastasis to bone, liver, and spleen
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 9, 2020
- Citation
- 20002007
Veterans Law Judge
Decisions by this judge: 112 · Granted: 20% (granted or partly granted, in the vetted 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. Look up the original decision on VA.gov (opens in a new tab) using citation 20002007.
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.
- Denied
The Board denied the Veteran's claim for service connection for cause of death, finding that there is no competent evidence linking any principal or contributory cause of his death to his service.
- Remanded (sent back)
The Board remands the claim for service connection for the cause of the Veteran's death to consider additional evidence regarding exposure to contaminated water at Camp Lejeune.
- Granted
The Board granted the claim for Death and Indemnity Compensation (DIC) based on service connection for the cause of the Veteran's death, due to his in-service exposures to herbicides and extreme cold temperatures.
- Remanded (sent back)
The Board remands the claim for a medical opinion regarding the Veteran's cause of death, specifically addressing whether his respiratory failure, septic shock, hemorrhagic shock, gastrointestinal hemorrhage, diabetes mellitus, coronary artery disease, and chronic osteomyelitis of the right leg were related to in-service toxic exposure or an in-service right leg injury.
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