The veteran's claim for an earlier effective date for service connection for lung cancer and metastases of lung cancer was denied as the claim was filed after the regulatory change allowing for presumptive service connection based on Agent Orange exposure.
The deciding factor: The claim was filed after the effective date of the liberalizing regulation, which allowed for a presumption of service connection for respiratory cancers including lung cancer due to Agent Orange exposure. The veteran's claim was not filed within one year prior to this change and thus cannot be granted an earlier effective date.
- Claimed conditions
- lung cancer, metastases of lung cancer
- How they argued it
- Presumptive (no nexus needed)
- Exposure basis
- Agent Orange / herbicides
- Rating assigned
- 100%
- Decision date
- November 30, 2000
- Citation
- 0031352
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. Search VA.gov for the original decision (opens in a new tab) using citation 0031352.
What this means for you
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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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