The Board denied the claim for service connection for lung cancer, as due to exposure to ionizing radiation. The claim for skin cancer was reopened based on new and material evidence showing a current diagnosis of basal cell carcinoma.
The deciding factor: The veteran's statements are not competent to determine that his lung cancer was incurred as a result of exposure to ionizing radiation in service. However, the newly submitted clinical records show a current diagnosis of skin cancer, which is material to the claim and raises a reasonable possibility of substantiating it.
- Claimed conditions
- lung cancer, skin cancer, tinnitus
- How they argued it
- Reopened with new and material evidence
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- May 22, 2008
- Citation
- 0816882
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 Board granted service connection for the cause of the Veteran's death, finding that his lung cancer was related to his service-connected melanoma.
- Remanded (sent back)
The Board remands the claim for service connection for tinnitus to correct a duty to assist error, as the Veteran's lay statements regarding onset and continuity of symptoms were not adequately considered in the previous decision.
- Dismissed
The Veteran withdrew the appeals for service connection for bilateral pes planus, obstructive sleep apnea, bilateral hearing loss, tinnitus, and chronic obstructive pulmonary disease (COPD).
- Denied
The Board denied service connection for tinnitus, cubital tunnel syndrome, right plantar fasciitis, and a right knee disability due to the lack of evidence supporting a nexus between these conditions and the Veteran's military service.
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