The Board denied the claim for an earlier effective date for service connection of lung adenocarcinoma, finding that March 26, 2002 is the earliest date on which the veteran could have been granted service connection due to the change in regulations making lung cancer a presumptive disease for radiation-exposed veterans.
The deciding factor: The effective date for the grant of service connection was precluded by law as it had to be at least one year after the March 26, 2002 regulation change that added lung cancer to the list of presumptive diseases for radiation-exposed veterans.
- Claimed conditions
- lung adenocarcinoma
- How they argued it
- Presumptive (no nexus needed)
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- June 6, 2006
- Citation
- 0616440
Veterans Law Judge
Decisions by this judge: 2,456 · Granted: 23% (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 0616440.
What this means for you
A final Board denial may be appealed to the U.S. Court of Appeals for Veterans Claims, generally within 120 days of the Board mailing date. A Supplemental Claim with new and relevant evidence is a separate option. Another Higher-Level Review of the Board decision is not available. Check your own notice: this historical decision does not set your deadline.
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: Remanded (sent back)
The appeal was remanded for further development, including a medical opinion on the etiology of the Veteran's claimed sexual dysfunction related to his service-connected lung adenocarcinoma.
- Whole decision: Granted
The Veteran's service connection for lung adenocarcinoma and a painful surgical scar of the left side of his chest was granted, with effective dates set at September 26, 2019. An initial rating in excess of 10 percent for the lung cancer residuals is denied.
- Whole decision: Denied
The Board has denied service connection for lung adenocarcinoma and bone adenocarcinoma, finding that the evidence does not support a link to service or any related exposures.
- Whole decision: Granted
The Veteran's lung adenocarcinoma is considered a residual of an in-service inhalation injury, meeting the criteria for a special home adaptation grant.
Free starter guide for your own claim
Reading this because you were denied or under-rated? Get the plain-English next steps — your appeal options, the deadline that protects you, and how appeals like yours turn out. One email, no spam.
We will only use this to send the guide. No spam, unsubscribe any time. We never sell your information.
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.