The Board denied the Veteran's claim for an effective date earlier than January 24, 2005 for a grant of service connection for adenocarcinoma of the lung. The decision also found no clear and unmistakable error in the November 1998 rating decision that denied service connection for a lung condition.
The deciding factor: The Board determined that there was no CUE in the November 1998 rating decision, as the evidence then of record supported the denial. The claim to reopen following the November 1998 RO decision had not been adjudicated and the effective date assigned was based on a grant of service connection for adenocarcinoma of the lung.
- Claimed conditions
- adenocarcinoma of the lung
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- July 21, 2015
- Citation
- 1531073
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 1531073.
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 remands the claim for a respiratory disability, diagnosed as adenocarcinoma of the lung, atelectasis, and bronchiectasis, to obtain an updated TERA memorandum and new VA opinion.
- Granted
The Board granted service connection for adenocarcinoma of the lung, resolving reasonable doubt in favor of the Veteran and finding that his condition is causally related to exposure to contaminated water at Camp Lejeune.
- Remanded (sent back)
The Board remands the claim for a lung condition to obtain an addendum opinion that adequately considers all relevant evidence and factors, including the Veteran's in-service exposure to secondhand smoke.
- Dismissed
The Veteran's appeal to reduce his disability rating for adenocarcinoma of the lung from 100% to 30% has been withdrawn by his representative.
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