The Board has granted the appellant's application to reopen her claim of service connection for the cause of the Veteran's death and remanded the issue of entitlement to burial benefits. The Board also remanded the issue of whether the Veteran's fatal lung disability was related to service, including asbestos exposure.
The deciding factor: The decision is based on new evidence submitted by the appellant indicating potential asbestos exposure in service which could relate to her husband's fatal lung cancer.
- Claimed conditions
- Adenocarcinoma of the lung, Mesothelioma
- How they argued it
- Reopened with new and material evidence
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 9, 2023
- Citation
- 23001326
Veterans Law Judge
Decisions by this judge: 2,604 · Granted: 65% (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 23001326.
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.
- Partly granted
The appeal of the issue of entitlement to service connection for a heart disability was dismissed, while the claim for adenocarcinoma of the lung was granted.
- Granted
The Veteran's service-connected bilateral lower extremity peripheral neuropathy, along with a 100% disability rating for other specified trauma and stressor related disorder, qualifies him for an effective date of March 2, 2017, for the grant of special monthly compensation (SMC)(l) based on aid and attendance. The Veteran is also eligible for SMC(p), at a higher rate than (l), due to his other service-connected disabilities.
- Partly granted
The Veteran's appeal with respect to PTSD, left ankle disability, and bilateral knee disability has been dismissed.,Service connection for tinnitus (reopened) and tension headaches have been granted. The case is remanded for further action on the remaining issues.
- Denied
The Veteran's cause of death was due to stage 4 adenocarcinoma of the lung, which is not service-connected. The Veteran did not meet the criteria for DIC benefits under 38 U.S.C. § 1318.
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