The Veteran's death was caused by non-small cell lung cancer, which is a disease presumed to be caused by exposure to ionizing radiation. The Appellant applied for DIC benefits in June 2012 and the effective date of service connection for the cause of the Veteran’s death was granted as June 20, 2011. However, the Board denied an earlier effective date due to lack of evidence showing that the Appellant filed a claim prior to June 20, 2012.
The deciding factor: The Appellant did not file a claim for service connection for the cause of the Veteran’s death within one year from the effective date of the liberalizing regulation making lung cancer a disease subject to presumptive service connection based on exposure to ionizing radiation.
- Claimed conditions
- Non-small cell lung cancer
- How they argued it
- Presumptive (no nexus needed)
- Exposure basis
- Ionizing radiation
- Rating assigned
- None in this decision
- Decision date
- April 19, 2019
- Citation
- 19130865
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 Veteran's non-small cell lung cancer rating was reduced from 100% to 0%, effective November 1, 2015. The Board has decided this issue is remanded due to uncertainty regarding the current status of his lung cancer.
- Granted
The Veteran's death was caused by non-small cell lung cancer, which is presumed to be due to herbicide exposure in the territorial sea of Vietnam. As a result, service connection for his cause of death has been granted.
- Granted
The Veteran died from non-small cell lung cancer, which is considered service-connected due to his exposure to herbicide agents during his time in the Republic of Vietnam. The Appellant is therefore entitled to DIC benefits.
- Denied
The Veteran's lung cancer was not found to be related to service, including exposure to herbicide agents or contaminated water at Camp Lejeune. The claim for service connection is denied.
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