The Board denied service connection for the cause of the Veteran's death, as his lung cancer was not shown to be related to his military service and he did not set foot within the land borders of Vietnam during his service.
The deciding factor: The evidence showed that the Veteran's lung cancer was not manifest in service or within one year of separation, and there was no evidence of exposure to Agent Orange. The Veteran also was not service-connected for any condition at the time of his death that could have contributed to his death.
- Claimed conditions
- Non-small cell lung cancer
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- February 19, 2009
- Citation
- 0906048
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.
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The Veteran's non-small cell lung cancer rating was reduced from 100% to 0%, effective November 1, 2015. The Board has decided this issue is remanded due to uncertainty regarding the current status of his lung cancer.
- Granted
The Veteran's death was caused by non-small cell lung cancer, which is presumed to be due to herbicide exposure in the territorial sea of Vietnam. As a result, service connection for his cause of death has been granted.
- Granted
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- Remanded (sent back)
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