The Board has reopened the claim for service connection for entitlement to service connection for the cause of the Veteran's death, but a remand is necessary to obtain an opinion on whether there is a link between the Veteran's service-connected disabilities and his death from lung cancer.
The deciding factor: The evidence received since the June 2006 RO denial raises a reasonable possibility of substantiating the claim for entitlement to service connection for the cause of the Veteran's death, but an opinion by a VA examiner is needed to properly adjudicate the claim.
- Claimed conditions
- Lung cancer
- How they argued it
- Reopened with new and material evidence
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- March 20, 2009
- Citation
- 0910486
Veterans Law Judge
Decisions by this judge: 2,156 · Granted: 29% (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 0910486.
What this means for you
A partial grant means some issues were granted while others were denied or remanded — common in multi-issue claims. Look at which issues went which way, and how each was argued.
What you can do next
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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