The Board determined that the severance of service connection for non-Hodgkin's lymphoma, residuals of prostate cancer, status post phlebitis with chronic venous insufficiency of the left leg, and fibrosis of the skin of the left neck was improper. The claims for service connection for colon cancer and skin cancer were denied.
The deciding factor: The weight of the competent, probative medical evidence established that the Veteran's colon cancer is not related to in-service exposure to ionizing radiation and/or exposure to chemicals and to pesticides, and there is no evidence of skin cancer. The grant of service connection for non-Hodgkin's lymphoma and prostate cancer was not clearly and unmistakably erroneous.
- Claimed conditions
- non-Hodgkin's lymphoma, residuals of prostate cancer, status post phlebitis with chronic venous insufficiency of the left leg, fibrosis of the skin of the left neck, colon cancer, skin cancer
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- February 10, 2009
- Citation
- 0904666
What this means for you
A denial is a starting point, not the end of the road. You can see why this claim fell short — and, if you are still inside the one-year window, the appeal lanes that may remain open to you.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Remanded (sent back)
The Board remands the claim for service connection of colon cancer, claimed as due to exposure to asbestos, for an addendum opinion considering additional evidence.
- Partly granted
The appeal for service connection for skin cancer was dismissed due to untimeliness, while the claim for squamous cell carcinoma was granted.
- Denied
The Board denied service connection for colon cancer as the evidence did not support a link between the Veteran's current condition and their in-service toxic exposure risk activity.
- Remanded (sent back)
The Board remands the service connection claim for colon cancer to obtain a medical opinion on its etiology, particularly regarding exposure to contaminated water at Camp Lejeune.
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