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
Veterans Law Judge
Decisions by this judge: 2,456 · Granted: 23% (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 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 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.
- 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.
- 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.
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