The Board denied retroactive benefits under Nehmer and the revision of the January 2008 rating decision on CUE, as the requirements for both were not met. The effective date for service connection for cause of death was also denied.
The deciding factor: Nehmer's criteria were not satisfied due to prior denials of stomach and germ cell cancer claims. CUE in the January 2008 rating decision was not established as the correct facts were known at the time and correctly applied.
- Claimed conditions
- lung cancer, neutropenia, germ cell cancer
- How they argued it
- Presumptive (no nexus needed)
- Exposure basis
- Gulf War
- Rating assigned
- None in this decision
- Decision date
- January 14, 2020
- Citation
- 20003140
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.
- Granted
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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