The Board denied retroactive VA compensation benefits for lung cancer and/or IHD under Nehmer v. United States Department of Veterans' Affairs, as well as an earlier effective date for DIC benefits due to lack of prior claims or denials.
The deciding factor: There were no prior denials for the conditions in question, nor was there a pending claim before VA on May 3, 1989. The Appellant did not file a formal or informal claim for retroactive benefits prior to September 3, 2011.
- Claimed conditions
- lung cancer, ischemic heart disease (IHD)
- How they argued it
- Presumptive (no nexus needed)
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 30, 2019
- Citation
- 19106954
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.
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The Board granted service connection for the cause of the Veteran's death, finding that his lung cancer was related to his service-connected melanoma.
- Partly granted
The Board granted an effective date of December 12, 2023, for a 50 percent evaluation of bipolar disorder and remanded the other issues for further development.
- Remanded (sent back)
The Board remands the claim for an adequate medical opinion regarding the Veteran's cause of death, including lung cancer and cardio-pulmonary arrest, to address in-service toxic exposures.
- Dismissed
The Board dismissed the veteran's appeals for service connection for various conditions due to a lack of jurisdiction over the claims.
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