The Board has determined that service connection for the cause of the veteran's death on a radiation basis is not warranted under the criteria in effect prior to March 26, 2002.,However, under the law in effect as of March 26, 2002, the requirements for presumptive service connection for the veteran's fatal lung cancer are met.
The deciding factor: The CPH found that the exact radiation dose was not accurately determined and probably underestimated, and that genetic predisposition to lung cancer may permit its emergence at a lower radiation dose.
- Claimed conditions
- squamous cell carcinoma of the lung
- How they argued it
- Presumptive (no nexus needed)
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- September 16, 2002
- Citation
- 0212067
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. Search VA.gov for the original decision (opens in a new tab) using citation 0212067.
What this means for you
A grant means the Board allowed the benefit or issue identified in this decision. Review the original order: other issues in the same appeal may have a different outcome, and this decision does not predict another claim.
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: Granted
The Board granted service connection for the veteran's squamous cell carcinoma of the lung, acknowledging that the evidence was at least in equipoise regarding the relationship between the veteran's exposure to contaminated water at Camp Lejeune and his current condition.
- Whole decision: Remanded (sent back)
The Board has decided to remand the case due to a duty-to-assist error, specifically regarding an inadequate medical opinion on the etiology of the Veteran's squamous cell carcinoma of the lung. The AOJ is required to obtain an addendum medical opinion addressing whether the Veteran's lung cancer is at least as likely as not caused by his exposure to contaminated water at Camp Lejeune.
- Whole decision: Remanded (sent back)
The Board has remanded the case due to insufficient employment information provided by the Veteran, and further development is needed to clarify dates of employment and request for employment information from American Airlines.
- Whole decision: Denied
The Veteran's squamous cell carcinoma of the lung and COPD have been rated at 60 percent since March 1, 2018. The Board has determined that a higher rating is not warranted for this period.
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