The Board has denied the claim for service connection for cause of death, finding that there is not sufficient evidence to establish a link between any in-service conditions and the Veteran's death. The Board concluded that the Veteran's lung cancer was not related to his asbestos exposure during service, and that his failure to thrive was more likely due to his dementia rather than his service-connected conditions.
The deciding factor: The VA examiners' opinions established that the Veteran's cause of death is not at least as likely as not related to an in-service injury, event, or disease, including asbestos exposure during service.
- Claimed conditions
- lung mass, probable primary lung cancer, cerebral vascular accident (CVA), failure to thrive
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- November 15, 2023
- Citation
- 23061078
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 23061078.
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: Remanded (sent back)
The Board remands the matter of service connection for the Veteran's cause of death, as there is a pre-decisional duty to assist error regarding the Veteran's prostate cancer diagnosis and treatment.
- Whole decision: Remanded (sent back)
The appeal is remanded to correct errors in the duty-to-assist process. The Board will consider new evidence on whether the Veteran's service-connected diabetes contributed to his death.
- Whole decision: Remanded (sent back)
The Veteran's claims for service connection have been remanded due to insufficient evidence and need further evaluation. The initial ratings for bronchial asthma with bronchitis, erectile dysfunction (ED), coronary artery disease (CAD), hypertension, left carotid artery blockage status post endarterectomy, cerebral vascular accident (CVA), double bypass heart surgery with lower heart valve replacement, painful sternotomy scar secondary to heart surgery, hyperlipidemia, type two diabetes mellitus (DM-II), chronic sinusitis, recurrent colonic polyps, left middle finger condition, and left ring finger condition are also remanded.
- Whole decision: Granted
The Veteran's cause of death is granted presumptively due to herbicide exposure, specifically Agent Orange. Accrued benefits are denied as no claim was pending at the time of his death.
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