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 assigned
- None in this decision
- Decision date
- June 6, 2006
- Citation
- 0616440
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 0616440.
What this means for you
A denial is a starting point, not the end of the road. You can see why this claim fell short — and, if you are still inside the one-year window, the appeal lanes that may remain open to you.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- 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.
- Granted
The Board has granted service connection for lung adenocarcinoma, status post left upper lobectomy. The issue of a compensable rating for asbestosis is remanded.
- Remanded (sent back)
The Board remands the claim for a medical opinion addressing whether the Veteran's left eye condition is related to service, as it found that the condition did not preexist service.
- Granted
The Board granted service connection for prostate cancer, related to in-service exposures at Camp Lejeune.
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