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.
- Whole decision: Granted
The Veteran's glioblastoma brain cancer, presumed to be caused by his exposure to herbicide agents during service in Vietnam, is found to have contributed to his death. Service connection for the cause of the Veteran's death is granted.
- Whole decision: Denied
The Veteran's cause of death is denied as there is no evidence linking the malignant brain tumor to active service, including alleged exposure to herbicide agents.
- Whole decision: Remanded (sent back)
The Board has remanded the case due to insufficient reasons for denying service connection for a malignant brain tumor, which is presumed to be related to exposure to herbicide agents in Vietnam. The appellant needs to provide evidence or an examination to support this claim.
- Whole decision: Remanded (sent back)
The appeal is being remanded for further development, including a radiation dose estimate. The Veteran's death was due to a malignant brain tumor, which may be related to ionizing radiation exposure.
Free starter guide for your own claim
Reading this because you were denied or under-rated? Get the plain-English next steps — your appeal options, the deadline that protects you, and how appeals like yours turn out. One email, no spam.
We will only use this to send the guide. No spam, unsubscribe any time. We never sell your information.
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.