The Board has granted service connection for the cause of death, finding that the Veteran's lung cancer was caused by his in-service asbestos exposure. The appeal for DIC under 38 U.S.C. § 1318 is dismissed as the Veteran's death was not due to willful misconduct and he did not meet the criteria for entitlement.
The deciding factor: The Board found that the Veteran's lung cancer, which caused his death, was related to his in-service asbestos exposure, meeting the direct service connection requirement. The appeal for DIC under § 1318 is dismissed as the Veteran's death was not due to willful misconduct and he did not meet the criteria for entitlement.
- Claimed conditions
- Lung Cancer
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- August 18, 2023
- Citation
- 23045961
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 23045961.
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 Veteran's cause of death, lung cancer, was not related to his active duty service and therefore service connection for the cause of death is denied.
- Granted
The Veteran's claim of service connection for GERD has been readjudicated due to the submission of relevant new evidence.,The Veteran's claims of service connection for bilateral eye condition, headaches, low back condition, lung cancer, and Parkinson's disease with tremors have also been readjudicated due to the submission of relevant new evidence.
- Remanded (sent back)
The Veteran's eligibility for the VA Program of Comprehensive Assistance for Family Caregivers (PCAFC) was remanded due to inadequate medical opinion and insufficient notice. The Board found that the Veteran required personal care services due to his chronic conditions, including lymphoma, congestive heart failure, lung cancer, and decreased mobility.
- Remanded (sent back)
The Board has remanded the case due to inadequate rationale in a previous VA examination and missing records. The claim will be reconsidered with new evidence.
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