The Board has determined that the veteran's radiation exposure in service contributed to his fatal lung cancer, which is now a presumptive disease for radiation-exposed veterans. The cause of death is therefore granted.
The deciding factor: Lung cancer, now considered a presumptive disease for radiation-exposed veterans, was found to be more likely caused by the veteran's radiation exposure in service than by his tobacco use.
- Claimed conditions
- metastatic bronchogenic carcinoma of the lung, gastrointestinal bleeding
- How they argued it
- Presumptive (no nexus needed)
- Exposure basis
- Ionizing radiation
- Rating
- Not verified here — check the original decision
- Decision date
- May 28, 2004
- Citation
- 0413741
Veterans Law Judge
Decisions by this judge: 1,555 · Granted: 19% (granted or partly granted, in the indexed 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. Search VA.gov for the original decision (opens in a new tab) using citation 0413741.
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
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Granted
The Board granted an initial 50 percent rating for the Veteran's cirrhosis of the liver with portal hypertension, Wilson's disease, gastrointestinal bleeding, and pancreatitis based on a history of one episode of hemorrhage from portal gastropathy.
- Dismissed
The Veteran's appeal was dismissed due to their death during the pendency of the appeal. The Board cannot issue a decision on the underlying claims at this time.
- Remanded (sent back)
The Board has remanded the case due to errors in duty to assist and exposure to TERA at Fort Hamilton. The cause of death was listed as gastrointestinal bleeding with hypertensive cardiovascular disease contributing significantly.
- Remanded (sent back)
The Veteran's cause of death was due to anoxic brain damage, shock, gastrointestinal bleeding, and portal hypertension. The Board has decided to remand the case for further development regarding the Veteran's diabetes mellitus type II as a contributory cause of his death.
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