The Board has remanded the issues of service connection for a low back condition and lung cancer due to exposure to ionizing radiation. The Veteran is considered a 'radiation-exposed veteran' based on his participation in Operation Hardtack, an atmospheric nuclear test series conducted at the Pacific Proving Ground in 1958.
The deciding factor: The Veteran participated in a radiation-risk activity and developed cancer of the lung, which is listed as a radiogenic disease under VA regulations. As such, service connection for his lung cancer is granted on a presumptive basis due to exposure to ionizing radiation.
- Claimed conditions
- degenerative disc disease of the L4-5 and L5-S1 lumbar levels with lumbar scoliosis, lung cancer
- How they argued it
- Presumptive (no nexus needed)
- Exposure basis
- Gulf War
- Rating assigned
- None in this decision
- Decision date
- February 11, 2021
- Citation
- 21007982
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 21007982.
What this means for you
A remand is not a loss. The Board sent the case back for more development — often a new exam or missing records — before making a final decision. Many remands later end in a grant, and the decision spells out exactly what the Board wanted to see.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Granted
The Veteran's claim for a higher evaluation of his service-connected chronic fatigue and weakness due to chemotherapy and radiation treatment for lung cancer is granted, with an evaluation of 60 percent.,The Veteran's claim for a compensable rating for residuals of lung cancer from May 1, 2005 is denied.
- Remanded (sent back)
The Board has decided to remand the case due to a need for further evaluation of the Veteran's lung cancer and its relationship to service, including any in-service granuloma.
- Dismissed
The Board has vacated its decisions granting service connection for lung cancer and remanding issues of tinnitus and TDIU, but the Veteran's death means these appeals are dismissed.
- Remanded (sent back)
The Board has remanded the Veteran's claims for service connection for kidney cancer and lung cancer due to a lack of adequate medical opinion regarding the etiology of his kidney cancer, which is presumed to be related to herbicide exposure. The claim for lung cancer is inextricably intertwined with the kidney cancer claim.
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