The Board denied the veteran's claim for service connection for cause of death due to lack of a medical nexus between his lung cancer and in-service radiation exposure. The appellant was also not found eligible for Dependents' Educational Assistance benefits as she did not meet the criteria for permanent total service-connected disability at the time of her husband's death.
The deciding factor: The preponderance of evidence does not support a finding that the veteran's lung cancer was caused by in-service radiation exposure, and there is no other established cause for his terminal condition.
- Claimed conditions
- adenocarcinoma of the lung
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- December 24, 2008
- Citation
- 0844452
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 0844452.
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.
- Whole decision: Remanded (sent back)
The Board remands the claim for a respiratory disability, diagnosed as adenocarcinoma of the lung, atelectasis, and bronchiectasis, to obtain an updated TERA memorandum and new VA opinion.
- Whole decision: Granted
The Board granted service connection for adenocarcinoma of the lung, resolving reasonable doubt in favor of the Veteran and finding that his condition is causally related to exposure to contaminated water at Camp Lejeune.
- Whole decision: Remanded (sent back)
The Board remands the claim for a lung condition to obtain an addendum opinion that adequately considers all relevant evidence and factors, including the Veteran's in-service exposure to secondhand smoke.
- Whole decision: Dismissed
The Veteran's appeal to reduce his disability rating for adenocarcinoma of the lung from 100% to 30% has been withdrawn by his representative.
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