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Whole decision: Denied

The veteran's death was caused by lung cancer, which is a disease presumed for radiation-exposed veterans. The effective date of the DIC benefits cannot be earlier than March 26, 2002 due to a regulatory change that came into effect on this date.

The deciding factor: The effective date for the award of DIC based on service-connected death was set by law and regulation at March 26, 2002, which is when the regulations were changed to include lung cancer as a presumptive disease for radiation-exposed veterans.

Claimed conditions
lung cancer
How they argued it
Presumptive (no nexus needed)
Exposure basis
Ionizing radiation
Rating
Not verified here — check the original decision
Decision date
August 11, 2006
Citation
0624470

Veterans Law Judge

MICHAEL E. KILCOYNE

Decisions by this judge: 2,020 · 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 0624470.

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.

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