The Veteran's lung cancer was found upon x-ray in January 1998, and he died of that lung cancer in May 1999. The Veteran filed an original claim for service connection on November 25, 1998. Retroactive benefits under Nehmer cannot be awarded as the earliest possible effective date has already been assigned.
The deciding factor: The earliest possible effective date (November 25, 1998) is later than the date the Veteran's lung cancer was diagnosed in January 1998.
- Claimed conditions
- adenocarcinoma of the lung
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- September 14, 2016
- Citation
- 1635903
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 1635903.
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The Veteran's appeal to reduce his disability rating for adenocarcinoma of the lung from 100% to 30% has been withdrawn by his representative.
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