The Board denied the claim of service connection for the cause of the veteran's death based on exposure to ionizing radiation in service, finding that there was no evidence of such exposure and thus no basis for presumptive service connection. The claim was reviewed under direct service connection criteria but still denied.
The deciding factor: There is no evidence of radiation exposure during service, which precludes the use of regulatory presumptions for service connection.
- Claimed conditions
- Brain cancer
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- September 24, 2008
- Citation
- 0832863
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 0832863.
What this means for you
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What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Remanded (sent back)
The Board has remanded the claims for service connection for brain cancer, low back disability, and cervical spine disability due to a pre-decisional error in failing to obtain a radiation dose estimate from the Under Secretary for Health. The Veteran's military service aboard USS ENTERPRISE is considered relevant to his exposure to ionizing radiation.
- Granted
The Veteran's brain cancer is granted as service-connected due to in-service herbicide exposure, specifically Agent Orange.
- Granted
The Veteran's service connection for brain cancer as of August 14, 2018 is granted due to a link between his in-service toxic exposure and his diagnosed condition. Service connection for bilateral hearing loss is denied.
- Remanded (sent back)
The Board remands the claim for service connection for the cause of the Veteran's death to obtain a new VA opinion considering the appellant's submitted favorable medical and scientific literature.
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