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Whole decision: Denied

The Board found that new and material evidence had not been received to reopen the claim for service connection for the cause of the Veteran's death due to a cause or causes other than the use of tobacco products during service or secondary to nicotine dependence. The Board also determined that the Veteran's death was not attributable to the use of tobacco products during service or secondary to nicotine dependence.

The deciding factor: The preponderance of medical evidence is against a nexus between the Veteran's in-service smoking and his fatal brain tumor, and there is no competent evidence of a diagnosis of nicotine addiction beginning during or otherwise linked to service.

Claimed conditions
Malignant brain tumor
How they argued it
Not specified
Exposure basis
None
Rating
Not verified here — check the original decision
Decision date
August 14, 2009
Citation
0930619

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 0930619.

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.

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