The Board has granted service connection for the cause of the veteran's death and eligibility for Dependents' Educational Assistance (DEA) effective from March 26, 2002. The appellant is not entitled to earlier effective dates.
The deciding factor: VA regulations were amended in 2002 adding lung cancers to the list of diseases that may be presumptively service connected for a 'radiation-exposed veteran'. The Board found no evidence linking the veteran's cancer to radiation exposure and denied earlier effective dates.
- Claimed conditions
- pneumonia, left lung carcinoma
- How they argued it
- Presumptive (no nexus needed)
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 12, 2002
- Citation
- 0216188
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 0216188.
What this means for you
A grant means the Board agreed the veteran was entitled to the benefit. Decisions like this show the kind of evidence and arguments that tend to succeed for claims like it.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Denied
The Board denied the Veteran's claims for service connection for pneumonia, diabetic ketoacidosis (DKA), and asthma as causes of death. The evidence did not support finding that these conditions were related to his service-connected disabilities.
- Remanded (sent back)
The Board has remanded the claims of service connection for hypercholesterolemia, hypertension, and pneumonia due to insufficient evidence in the record. The Veteran's current diagnoses are not supported by the medical records provided.
- Denied
The Board denied the Veteran's claim for service connection for the cause of his death, finding that there was no evidence linking any of the immediate or contributing causes of his death to his period of active duty service. The Board also found that the PACT Act did not apply in this case as the Veteran served prior to the period when herbicide agents were presumed used.
- Remanded (sent back)
The Veteran's claims for service connection for left ankle disability, chronic sinusitis, bronchitis, and pneumonia are remanded due to the need for additional development including VA examinations.
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