The Board dismissed the claim of CUE in the June 2013 rating decision and denied the request to revise the August 1994 rating decision denying service connection for the cause of death. The reasons were that the evidence did not show symptoms or complaints shortly after service, and lung cancer was not among the diseases entitled to presumptive service connection due to ionizing radiation at the time.
The deciding factor: The knowledge of in-service radiation exposure would be enough evidence to trigger a VA examination but still no evidence of a nexus between his cancer and his in-service radiation exposure.
- Claimed conditions
- Non-small cell lung cancer
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- December 12, 2022
- Citation
- A22025054
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 A22025054.
What this means for you
A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot. It says more about procedure than about whether a claim like this can win.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Remanded (sent back)
The Board has determined that there are duty to assist errors in the current decision and remands the case for further development, including obtaining an ILER and a medical opinion regarding the etiology of the Veteran's cause of death.
- Remanded (sent back)
The Veteran's cause of death is being remanded for further development to determine if it was related to in-service TERA exposure.
- Denied
The Veteran's non-small cell lung cancer was rated at 100% effective from January 7, 2025. The claim for an earlier effective date is denied.
- Denied
The Board denied service connection for non-small cell lung cancer and non-Hodgkin lymphoma, finding that the evidence did not support a link between these conditions and exposure to jet fuels and other chemicals during active duty.
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