The Board denied a request for an earlier effective date for the grant of Dependency and Indemnity Compensation (DIC) benefits, finding that the earliest possible effective date is July 28, 1997.
The deciding factor: The claim was filed after the effective date of the regulations setting forth presumptive service connection for lung cancer in veterans exposed to Agent Orange. The appellant did not file a prior claim for death benefits before July 28, 1998.
- Claimed conditions
- primary small cell bronchogenic carcinoma of the lung, metastatic carcinoma of the lung, brain and abdomen
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- February 9, 2001
- Citation
- 0104163
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 0104163.
What this means for you
A final Board denial may be appealed to the U.S. Court of Appeals for Veterans Claims, generally within 120 days of the Board mailing date. A Supplemental Claim with new and relevant evidence is a separate option. Another Higher-Level Review of the Board decision is not available. Check your own notice: this historical decision does not set your deadline.
What you can do next
Use your own notice and decision stage. A remanded issue is not a final court-appealable denial. VA review guidance and CAVC filing instructions (U.S. federal; reviewed October 7, 2026).
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Whole decision: Denied
The Veteran's cause of death was not service-connected, and his DIC claim under 38 U.S.C. § 1318 was denied as he did not meet the criteria for a total disability rating.
- Whole decision: Denied
The Board denied service connection for the cause of death due to metastatic carcinoma of the lung, finding that there was not an approximate balance of positive and negative evidence regarding a nexus between the Veteran's cancer and service. The Board found the VA examiner's opinion more probative than the appellant's assertion.
- Whole decision: Remanded (sent back)
The Board has remanded the claims for service connection and SMC based on aid and attendance/housebound status due to incomplete development, including verifying herbicide exposure during service. The claim for death pension benefits is dismissed as moot.
- Whole decision: Remanded (sent back)
The Board has remanded the case due to uncertainty about whether the Veteran's cause of death, metastatic carcinoma of the lung, is related to his military service. The VA needs to provide an opinion on this issue.
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