The Veteran's death was not caused by any service-connected conditions, and the service-connected disabilities did not contribute substantially or materially to his death. Therefore, entitlement to DIC benefits under 38 U.S.C. § 1318 is denied, as well as service connection for cause of death.
The deciding factor: The VA medical opinions concluded that the Veteran's service-connected conditions were less likely than not related to his death or contributed substantially to it.
- Claimed conditions
- abscess and MRSA infection, scar, residual of incisional hernia repair, stage IV non-small cell cancer of the lung, lung metastases, brain metastases, spinal metastases, anthracosilicosis
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- May 6, 2021
- Citation
- 21027663
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 21027663.
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: Granted
The Board granted service connection for the cause of the Veteran's death, finding that his tonsillar squamous cell carcinoma was related to in-service exposure to herbicide agents.
- Whole decision: Granted
The Board has determined that the Veteran's cause of death, including his colon/rectum cancer and lung metastases, was caused by exposures to toxic chemicals during service. Service connection for cause of death is granted.
- Whole decision: Remanded (sent back)
The Board has remanded the claims for earlier effective dates for service connection due to conflicting medical opinions and a need for further examination. The Veteran's kidney cancer is presumed related to exposure at Camp Lejeune, but an earlier effective date may be warranted based on specific facts of his case.
- Whole decision: Remanded (sent back)
The Board has remanded the case for further development regarding asbestos exposure in service and to determine if any causes of death were related to such exposure. The Veteran's cause of death was listed as metastatic colorectal cancer, but there are other cancers that may be related to asbestos exposure.
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