The veteran's lung cancer was not incurred in or aggravated during service and is presumed to be related to exposure to herbicides. Service connection for prostate cancer, multiple actinic keratosis, post-operative residuals of a duodenal ulcer with hiatal hernia, and hemorrhoids are established. The veteran's TDIU claim was denied due to his service-connected disabilities not preventing him from engaging in substantially gainful employment.
The deciding factor: The Board found that lung cancer is presumed to be related to exposure to herbicides but not incurred during service or within the required presumptive period. Service connection for prostate cancer, multiple actinic keratosis, and post-operative residuals of a duodenal ulcer with hiatal hernia are established based on medical evidence. The veteran's TDIU claim was denied as his service-connected disabilities do not prevent him from engaging in substantially gainful employment.
- Claimed conditions
- Lung Cancer, Adenocarcinoma of the Prostate, Multiple Actinic Keratosis, Post-operative Residuals of a Duodenal Ulcer with Hiatal Hernia
- How they argued it
- Presumptive (no nexus needed)
- Exposure basis
- Gulf War
- Rating assigned
- None in this decision
- Decision date
- August 24, 2001
- Citation
- 0121499
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 0121499.
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.
- Denied
The Board determined that the reduction in rating from 100 percent to 30 percent for service-connected lung cancer was proper, and restoration of the 100 percent rating is not warranted. The criteria for entitlement to special monthly compensation based on housebound status have also not been met.
- Granted
The Board granted service connection for chronic obstructive pulmonary disease (COPD), bladder cancer, and lung cancer as secondary to the Veteran's in-service asbestos exposure.
- Granted
The Board granted an effective date of August 26, 2010 for the award of a 30 percent evaluation for COPD, asbestosis, and lung cancer.
- Denied
The Board denied the claims for increased disability evaluations and effective dates, as well as dismissed the claims related to lung cancer and SMC on housebound status.
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