The Board has granted service connection for the cause of death due to asbestos exposure during active duty, and dismissed the DIC claim under Section 1318 as the service connection claim is moot.
The deciding factor: The Veteran was exposed to asbestos during active duty, which contributed substantially or materially to his lung cancer causing his death. The Board found in favor of the appellant due to conflicting opinions regarding the etiology of the Veteran’s lung cancer and resolved all doubt in her favor.
- 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
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 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.
- Denied
The Board denied service connection for the Veteran's cause of death, finding no evidence linking his respiratory failure, pneumonia, malignant neoplasm of the esophagus, gastrointestinal bleeding, or chronic obstructive pulmonary disease to his military service, including exposure to herbicides and Camp Lejeune contaminated water.
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