The Board has decided that service connection for the cause of the veteran's death may be granted based on new evidence, but not all issues were resolved in favor of the appellant.
The deciding factor: Service connection was established under a 'new and material' theory due to newly submitted evidence.
- Claimed conditions
- Non-small cell lung cancer
- How they argued it
- Reopened with new and material evidence
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- March 23, 2004
- Citation
- 0407563
Veterans Law Judge
Decisions by this judge: 1,458 · Granted: 24% (granted or partly granted, in the vetted decisions on this site)
Judge attribution: 2025 complete; earlier years partial.
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 0407563.
What this means for you
A partial grant means some issues were granted while others were denied or remanded — common in multi-issue claims. Look at which issues went which way, and how each was argued.
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 determined that there are duty to assist errors in the current decision and remands the case for further development, including obtaining an ILER and a medical opinion regarding the etiology of the Veteran's cause of death.
- Remanded (sent back)
The Veteran's cause of death is being remanded for further development to determine if it was related to in-service TERA exposure.
- Denied
The Veteran's non-small cell lung cancer was rated at 100% effective from January 7, 2025. The claim for an earlier effective date is denied.
- Denied
The Board denied service connection for non-small cell lung cancer and non-Hodgkin lymphoma, finding that the evidence did not support a link between these conditions and exposure to jet fuels and other chemicals during active duty.
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