The Board found that the evidence submitted since the May 2011 decision is not material and does not establish that the Veteran had primary lung cancer or oat cell cancer, thus denying the reopening of his claim for service connection for cause of death.
The deciding factor: The submitted articles do not address specific facts pertinent to this case and are considered cumulative of previous arguments.
- Claimed conditions
- asthmatic bronchitis, arthritis of the dorsal spine, limited motion of the left ring finger, hearing loss of the left ear, hiatal hernia
- How they argued it
- Reopened with new and material evidence
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 5, 2013
- Citation
- 1335986
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 1335986.
What this means for you
A denial is a starting point, not the end of the road. You can see why this claim fell short — and, if you are still inside the one-year window, the appeal lanes that may remain open to you.
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 Veteran's claims for service connection due to inadequate development of her exposure history and lack of adequate medical opinions. The case will be returned to the AOJ for further action.
- Granted
The Veteran's TDIU rating is granted with an effective date of March 15, 2017.
- Remanded (sent back)
The Veteran's initial disability rating for migraine headaches has been granted at 50 percent. The issue of service connection for hiatal hernia and esophagitis, related to PTSD, is remanded due to inadequate medical opinions.
- Granted
The Veteran's GERD with hiatal hernia is rated at a 30 percent disability rating, effective March 12, 2021.
Free starter guide for your own claim
Reading this because you were denied or under-rated? Get the plain-English next steps — your appeal options, the deadline that protects you, and how appeals like yours turn out. One email, no spam.
We will only use this to send the guide. No spam, unsubscribe any time. We never sell your information.
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.