The Board denied service connection for the cause of death and basic eligibility for DEA benefits due to lack of evidence supporting a link between the Veteran's lung cancer and his military service, including exposure to herbicides.
The deciding factor: There was no credible evidence that the Veteran was exposed to herbicides during active service, and lung cancer was not shown to be etiologically related to his service.
- Claimed conditions
- Lung cancer
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- March 16, 2009
- Citation
- 0909731
Veterans Law Judge
Decisions by this judge: 1,467 · Granted: 18% (granted or partly granted, in the vetted decisions on this site)
Judge attribution: 2025 complete; earlier years partial.
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 0909731.
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Related decisions
Other Board decisions on a similar condition or argued the same way.
- Granted
The Veteran's headache disability is granted as service-connected. The left foot condition and lung cancer claims are remanded due to the need for additional medical opinions.
- Denied
The Board denied the Veteran's claim for service connection for cause of death, finding that there was no evidence to support a link between his lung cancer and military service. The Board also found insufficient evidence to establish service connection for lung cancer.
- Remanded (sent back)
The Veteran's cause of death is being remanded due to a duty to assist error that occurred prior to the rating decision on appeal. The Board must obtain additional medical opinions regarding whether the Veteran's bladder cancer, which was service-connected as a result of contaminated water exposure at Camp Lejeune, contributed substantially or materially to his cause of death.
- Remanded (sent back)
The Board has remanded the case due to a duty to assist error, specifically regarding the Veteran's exposure to radiation during his service. The AOJ is required to seek records from U.S. Army Medical Command for occupational exposure to ionizing radiation at various locations including Sandia Base in Albuquerque, New Mexico.
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