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
- Not verified here — check the original 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. Search VA.gov for the original decision (opens in a new tab) using citation 1635903.
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: 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.
- Whole decision: 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.
- Whole decision: 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.
- Whole decision: 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The Veteran's appeal to reduce his disability rating for adenocarcinoma of the lung from 100% to 30% has been withdrawn by his representative.
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