The Veteran's small cell lung cancer, which was caused by radiation exposure during service, is presumed to be service-connected. The Veteran's death due to respiratory failure as a consequence of pneumonia and lung cancer is also considered service-connected.
The deciding factor: Small cell lung cancer was diagnosed in the Veteran who served aboard a U.S. Navy vessel that participated in Operation Crossroads, an atmospheric nuclear weapons test. As a radiation-exposed Veteran, his small cell lung cancer is presumed to be service-connected. The cause of death due to respiratory failure as a consequence of pneumonia and lung cancer is also considered service-connected.
- Claimed conditions
- small cell lung cancer
- How they argued it
- Presumptive (no nexus needed)
- Exposure basis
- Ionizing radiation
- Rating assigned
- None in this decision
- Decision date
- September 21, 2009
- Citation
- 0935419
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 0935419.
What this means for you
A grant means the Board agreed the veteran was entitled to the benefit. Decisions like this show the kind of evidence and arguments that tend to succeed for claims like it.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Remanded (sent back)
The Board has remanded the claim of service connection for small cell lung cancer, for purposes of accrued benefits, due to a duty to assist error and statutory or regulatory duty.
- Remanded (sent back)
The Board has remanded the case due to insufficient medical opinions regarding whether the Veteran's cause of death, including small cell lung cancer and coronary artery disease, was related to his in-service asbestos exposure. The VA must obtain an adequate opinion from a clinician.
- Granted
The Board grants an earlier effective date of March 24, 2023, for the awards of service connection for lung cancer, kidney cancer, and liver cancer.
- Granted
The Board granted entitlement to service connection for the cause of the Veteran's death due to small cell lung cancer, and awarded DIC benefits from October 20, 2016.
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