The Board denied the appellant's claim for accrued benefits, finding that service connection for squamous cell carcinoma of the lung was not established and denying an earlier effective date.,The Board also found clear and unmistakable error in the April 2002 rating decision awarding an effective date based on a presumptive regulation adding lung cancer to VA's list of diseases caused by radiation exposure, and assigned the earliest possible effective date for this claim.
The deciding factor: Service connection for squamous cell carcinoma of the lung was not established due to lack of evidence demonstrating a direct link between the condition and military service, including ionizing radiation exposure.,The April 2002 rating decision incorrectly awarded an earlier effective date based on a new presumptive regulation adding lung cancer to VA's list of diseases caused by radiation exposure.
- Claimed conditions
- squamous cell carcinoma of the lung
- How they argued it
- Presumptive (no nexus needed)
- Exposure basis
- Ionizing radiation
- Rating assigned
- None in this decision
- Decision date
- September 19, 2012
- Citation
- 1232279
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 1232279.
What this means for you
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Related decisions
Other Board decisions on a similar condition or argued the same way.
- Granted
The Board granted service connection for the veteran's squamous cell carcinoma of the lung, acknowledging that the evidence was at least in equipoise regarding the relationship between the veteran's exposure to contaminated water at Camp Lejeune and his current condition.
- Remanded (sent back)
The Board has decided to remand the case due to a duty-to-assist error, specifically regarding an inadequate medical opinion on the etiology of the Veteran's squamous cell carcinoma of the lung. The AOJ is required to obtain an addendum medical opinion addressing whether the Veteran's lung cancer is at least as likely as not caused by his exposure to contaminated water at Camp Lejeune.
- Remanded (sent back)
The Board has remanded the case due to insufficient employment information provided by the Veteran, and further development is needed to clarify dates of employment and request for employment information from American Airlines.
- Denied
The Veteran's squamous cell carcinoma of the lung and COPD have been rated at 60 percent since March 1, 2018. The Board has determined that a higher rating is not warranted for this period.
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