The Veteran's claims for service connection for colon cancer, liver cancer, and lung cancer were pending at the time of his death. The evidence does not establish a link between these conditions and active service or herbicide exposure.,The Board determined that there was no current diagnosis of lung cancer prior to the Veteran's death, and thus could not grant service connection for accrued benefits purposes.
The deciding factor: Service connection cannot be granted as the evidence does not establish a link between the Veteran's conditions (colon cancer, liver cancer, and lung cancer) and his active military service or herbicide exposure. The absence of current diagnoses prior to death precludes granting service connection for accrued benefits purposes.
- Claimed conditions
- colon cancer, liver cancer, lung cancer
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- September 30, 2009
- Citation
- 0937261
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 0937261.
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 claim for a higher evaluation of his service-connected chronic fatigue and weakness due to chemotherapy and radiation treatment for lung cancer is granted, with an evaluation of 60 percent.,The Veteran's claim for a compensable rating for residuals of lung cancer from May 1, 2005 is denied.
- Whole decision: Granted
The Board has granted service connection for intestinal cancer, liver cancer, and a liver biopsy surgical scar as secondary to the Veteran's service-connected intestinal cancer.
- Whole decision: Dismissed
The Veteran's appeal for service connection of liver cancer has been dismissed due to their death during the pendency of the appeal.
- Whole decision: Dismissed
The Veteran's appeal for service connection for liver cancer and an increased rating for irritable bowel syndrome has been dismissed due to the Veteran's death.
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