The Board has determined that the Veteran's lung cancer, which is a radiogenic disease, was not caused by his exposure to ionizing radiation during service. Therefore, an earlier effective date for the grant of service connection for cause of death cannot be granted.
The deciding factor: The evidence does not support a grant under the provisions of 38 C.F.R. § 3.311, and thus no effective date consistent with that section can be granted.
- Claimed conditions
- Lung Cancer
- How they argued it
- Presumptive (no nexus needed)
- Exposure basis
- Ionizing radiation
- Rating assigned
- None in this decision
- Decision date
- May 28, 2010
- Citation
- 1019893
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. Read the original VA decision (opens in a new tab) using citation 1019893.
What this means for you
A grant means the Board allowed the benefit or issue identified in this decision. Review the original order: other issues in the same appeal may have a different outcome, and this decision does not predict another claim.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Denied
The Veteran's cause of death, lung cancer, was not related to his active duty service and therefore service connection for the cause of death is denied.
- Granted
The Veteran's claim of service connection for GERD has been readjudicated due to the submission of relevant new evidence.,The Veteran's claims of service connection for bilateral eye condition, headaches, low back condition, lung cancer, and Parkinson's disease with tremors have also been readjudicated due to the submission of relevant new evidence.
- Remanded (sent back)
The Veteran's eligibility for the VA Program of Comprehensive Assistance for Family Caregivers (PCAFC) was remanded due to inadequate medical opinion and insufficient notice. The Board found that the Veteran required personal care services due to his chronic conditions, including lymphoma, congestive heart failure, lung cancer, and decreased mobility.
- Remanded (sent back)
The Board has remanded the case due to inadequate rationale in a previous VA examination and missing records. The claim will be reconsidered with new evidence.
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