The appeal for service connection for lung cancer and metastatic bone cancer involving the spine was dismissed due to the Veteran's death during the pendency of the appeal.
The deciding factor: The appeal was dismissed as a matter of law due to the Veteran's death while the appeal was pending before the Board of Veterans' Appeals.
- Claimed conditions
- stage IV lung cancer, metastatic bone cancer involving the spine (claimed as stage 4 spinal cancer)
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 30, 2025
- Citation
- A25008726
Veterans Law Judge
Decisions by this judge: 833 · Granted: 33% (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 A25008726.
What this means for you
A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot. It says more about procedure than about whether a claim like this can win.
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 of the Veteran's cause of death, which was acute hypoxic respiratory failure due to stage IV lung cancer, to obtain a medical opinion regarding the relationship between the Veteran's service and his cause of death.
- Remanded (sent back)
The Board has remanded the claim of service connection for metastatic breast cancer due to conflicting evidence and lack of a medical opinion linking the cause of death to service or Agent Orange exposure.
- Dismissed
The Veteran's TDIU claim is dismissed as moot because he has been receiving a 100% schedular disability rating for his service-connected colorectal cancer and stage IV lung cancer, which qualifies him for the full benefits sought.
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