BVA9505756 DOCKET NO. 93-12 922 ) DATE ) ) On appeal from the decision of the Department of Veterans Affairs Regional Office in Manila, Philippines THE ISSUE Entitlement to service connection for the cause of the veteran's death. ATTORNEY FOR THE BOARD James A. Frost, Associate Counsel INTRODUCTION The veteran had recognized guerrilla service from March 1945 to July 1945 and Regular Philippine Army service in July 1945. This appeal arises from a rating decision in January 1992 by the Department of Veterans Affairs (VA) Regional Office (RO) in Manila, Philippines. CONTENTIONS OF APPELLANT ON APPEAL The appellant contends that the cause of the veteran's death, bronchogenic cancer, was related to lung disease which she claims he developed during service. DECISION OF THE BOARD The Board, in accordance with the provisions of 38 U.S.C.A. § 7104 (West 1991), has reviewed and considered all of the evidence and material of record in the veteran's claims file. Based on its review of the relevant evidence in this matter, and for the following reasons and bases, it is the decision of the Board that the appellant's claim is not well grounded and, consequently, her appeal must be dismissed. FINDING OF FACT The appellant has not presented a claim which is plausible or capable of substantiation. CONCLUSION OF LAW The appellant has not presented a well-grounded claim. 38 U.S.C.A. § 5107 (West 1991). REASONS AND BASES FOR FINDING AND CONCLUSION Records of the Army of the Philippines disclosed that at a physical examination in July 1945 the veteran's respiratory system was evaluated as normal. In an affidavit for Philippine Army Personnel, executed in July 1945, the veteran did not state that he had incurred any wounds or illnesses during his period of service. The veteran died on May [redacted] 1980. At the time of his death service connection was not in effect for any disability. A rating decision in June 1976, which the veteran did not appeal, denied service connection for pulmonary tuberculosis. The veteran's death certificate reported the cause of death as bronchogenic carcinoma, epidlanoid type, with metastasis. On an application for Dependency and Indemnity Compensation or Death Pension by a Surviving Spouse, filed in February 1991, the appellant stated that she was not claiming that the veteran's cause of death was due to service. In a subsequent application, filed in October 1991, she stated that she was so claiming. In her substantive appeal the appellant asserted that lung disease, which, according to her, the veteran had believed was "slightly" present in service, contributed to his death. She has not presented a report or opinion by any physician, or other health care provider to the effect that bronchogenic cancer had its inception during the veteran's service to the United States in 1945, or during the one-year presumptive period after such service, or that the veteran had lung disease during his active military service which caused or materially contributed to his death. Applicable regulations provide that the death of a veteran will be considered as having been due to a service-connected disability when the evidence establishes that a service-connected disability was either the principal or contributory cause of death. 38 C.F.R. § 3.312(a). A person claiming entitlement to VA benefits has the burden of submitting supporting evidence sufficient to justify a belief by a fair and impartial individual that the claim is plausible. Tirpak v. Derwinski, 2 Vet.App. 609 (1992). When the issue is factual in nature, such as whether an incident occurred in service, competent lay testimony may constitute sufficient evidence to establish a well-grounded claim. However, where the determinative issue involved medical causation or a medical diagnosis, competent medical evidence to the effect that the claim is plausible is required. Grottveit v. Brown, 5 Vet.App. 91 (1993). A person without medical training or expertise is not qualified to offer competent medical evidence. Espiritu v. Derwinski, 2 Vet.App. 492 (1992). The record in this case contains no medical evidence whatsoever to support the appellant's belief that bronchogenic carcinoma was incurred in or aggravated by service, or that it was related to alleged lung disease during service in 1945. No physician or qualified medical professional has indicated that the cancer which caused the veteran's death was etiologically related to or otherwise due to any service-incurred illness. The appellant, a lay person, is not a physician and cannot offer a medical opinion on a questions of medical diagnosis and causation. Her claim is thus not well grounded and must be dismissed. 38 U.S.C.A. § 5107(a). ORDER The appellant's claim, having been found to be not well-grounded, is dismissed. DEREK R. BROWN Member, Board of Veterans' Appeals The Board of Veterans' Appeals Administrative Procedures Improvement Act, Pub. L. No. 103-271, § 6, 108 Stat. 740, ___ (1994), permits a proceeding instituted before the Board to be assigned to an individual member of the Board for a determination. This proceeding has been assigned to an individual member of the Board. NOTICE OF APPELLATE RIGHTS: Under 38 U.S.C.A. § 7266 (West 1991), a decision of the Board of Veterans' Appeals granting less than the complete benefit, or benefits, sought on appeal is appealable to the United States Court of Veterans Appeals within 120 days from the date of mailing of notice of the decision, provided that a Notice of Disagreement concerning an issue which was before the Board was filed with the agency of original jurisdiction on or after November 18, 1988. Veterans' Judicial Review Act, Pub. L. No. 100-687, § 402 (1988). The date which appears on the face of this decision constitutes the date of mailing and the copy of this decision which you have received is your notice of the action taken on your appeal by the Board of Veterans' Appeals.