The Board found that the Veteran's metastatic colon cancer to the lungs was not incurred in or aggravated by active service, nor may it be presumed to have been incurred or aggravated therein. The preponderance of evidence does not support a finding that lung cancer represents a primary site.
The deciding factor: The VA physician concluded that the Veteran's currently diagnosed lung cancer is more likely metastatic colon cancer rather than a primary site.
- Claimed conditions
- metastatic colon cancer, lung cancer
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- September 10, 2010
- Citation
- 1033996
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 1033996.
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: Remanded (sent back)
The Veteran's cause of death was metastatic colon cancer, but the appellant contends it was caused by exposure to ionizing radiation during his service as an X-ray technician. The case is remanded for further development regarding dose estimation and consideration under VA regulations.
- Whole decision: Remanded (sent back)
The Board has decided to remand the case due to a need for further evaluation of the Veteran's lung cancer and its relationship to service, including any in-service granuloma.
- Whole decision: Dismissed
The Board has vacated its decisions granting service connection for lung cancer and remanding issues of tinnitus and TDIU, but the Veteran's death means these appeals are dismissed.
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