Citation Nr: 21000043
Decision Date: 01/04/21	Archive Date: 01/04/21

DOCKET NO. 16-40 922A
DATE: January 4, 2021

ORDER

Service connection for metastatic lung cancer (on an accrued basis) is granted.

Dependency and indemnity compensation (DIC) (based on service connection for the cause of the Veteran's death) is granted.

FINDINGS OF FACT

1. The late Veteran was diagnosed with metastatic lung cancer; documents submitted in October 2016 by the Appellant (the late Veteran’s surviving spouse) indicate chemical exposure while on active duty; a causal link between the Veteran’s terminal metastatic lung cancer and chemical exposure in service was provided in a October 2016 private medical opinion.

2. The Veteran died of a medical condition (metastatic lung cancer) that was caused by his military service.

CONCLUSIONS OF LAW

1. Service connection is warranted for metastatic lung cancer (on an accrued basis). 38 U.S.C. §§ 1110, 1131, 1310, 5107; 38 C.F.R. §§ 3.102, 3.303, 3.307, 3.309, 3.312.

2. DIC is warranted based on service connection for the cause of the Veteran’s death. 38 U.S.C. §§ 1110, 1112, 1310, 5107; 38 C.F.R. §§ 3.102, 3.303, 3.307, 3.309, 3.312.

REASONS AND BASES FOR FINDINGS AND CONCLUSIONS

The Veteran served on active duty from March 1966 to February 1969. These matters are before the Board of Veterans’ Appeals (Board) on appeal from an April 2012 rating decision by the Department of Veterans Affairs (VA) Agency of Original Jurisdiction (AOJ).

For the reasons outlined above, the appeals are granted. 

 

 

VICTORIA MOSHIASHWILI

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	M. Williams, Associate Counsel

The Board’s decision in this case is binding only with respect to the instant matter decided. This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.