The Board concluded that the veteran did submit a timely substantive appeal to an August 2004 RO decision that denied service connection for lung cancer, and granted service connection for non-Hodgkin's lymphoma.
The deciding factor: The veteran's worsening condition during chemotherapy affected his ability to file a timely appeal, which was considered good cause for the extension. The evidence also supported the grant of service connection for non-Hodgkin's lymphoma based on its relation to service.
- Claimed conditions
- lung cancer, non-Hodgkin's lymphoma
- How they argued it
- Reopened with new and material evidence
- Exposure basis
- None
- Rating assigned
- 100%
- Decision date
- April 11, 2008
- Citation
- 0812144
Veterans Law Judge
Decisions by this judge: 325 · Granted: 20% (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 0812144.
What this means for you
A partial grant means some issues were granted while others were denied or remanded — common in multi-issue claims. Look at which issues went which way, and how each was argued.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Granted
The Veteran's claim for a higher evaluation of his service-connected chronic fatigue and weakness due to chemotherapy and radiation treatment for lung cancer is granted, with an evaluation of 60 percent.,The Veteran's claim for a compensable rating for residuals of lung cancer from May 1, 2005 is denied.
- Remanded (sent back)
The Board has decided to remand the case due to a need for further evaluation of the Veteran's lung cancer and its relationship to service, including any in-service granuloma.
- Dismissed
The Board has vacated its decisions granting service connection for lung cancer and remanding issues of tinnitus and TDIU, but the Veteran's death means these appeals are dismissed.
- Remanded (sent back)
The Board has remanded the Veteran's claims for service connection for kidney cancer and lung cancer due to a lack of adequate medical opinion regarding the etiology of his kidney cancer, which is presumed to be related to herbicide exposure. The claim for lung cancer is inextricably intertwined with the kidney cancer claim.
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