The veteran's claims for service connection for cancer of the lung and brain are denied. The claim is denied as secondary to in-service tobacco use and nicotine addiction, and also because the cancer was not present during or within one year after service.
The deciding factor: Service connection cannot be granted for a disability arising long after service based on a finding that it was caused by tobacco use during service.
- Claimed conditions
- cancer of the lung, cancer of the brain
- How they argued it
- Secondary to another service-connected condition
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 30, 2001
- Citation
- 0102670
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 0102670.
What this means for you
A denial is a starting point, not the end of the road. You can see why this claim fell short — and, if you are still inside the one-year window, the appeal lanes that may remain open to you.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Remanded (sent back)
The Board has remanded the cases for further development and consideration due to insufficient medical opinions regarding the etiology of the Veteran's cancer.
- Remanded (sent back)
The Board has remanded the claim for further action due to an inadequate examination report regarding the relationship between the Veteran's renal cell carcinoma and lung metastasis, as well as its relation to herbicide agent exposure.
- Remanded (sent back)
The Board has remanded the claims for service connection for squamous cell carcinoma of the tongue with metastasis, cause of death, and TDIU due to service-connected disabilities. The issues are related to the Veteran's in-service exposures to chemicals/toxins and bodily fluids.
- Granted
The Veteran's cause of death was cancer of the lung, which is presumed to have been caused by exposure to herbicide agents during his service. The Board has granted service connection for the cause of the Veteran's death.
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