The Board has determined that the veteran's adenocarcinoma of the right upper lobe of the lung is presumed to have been incurred in service due to exposure to herbicides, and it was manifested within the presumptive period. The condition meets the criteria for a 100% disability rating under Diagnostic Code 6819.
The deciding factor: The Board found that the positive evidence was in equipoise with the negative evidence regarding whether the 1990 abnormality shown by x-ray was a manifestation of the veteran's lung cancer. The location of this opacity at or about the same site where later diagnosed cancer developed led to the conclusion that the disease must have existed prior to September 1996, within the 30 year presumptive period.
- Claimed conditions
- adenocarcinoma of the right upper lobe of the lung
- How they argued it
- Presumptive (no nexus needed)
- Exposure basis
- None
- Rating assigned
- 100%
- Decision date
- September 14, 2001
- Citation
- 0122481
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 0122481.
What this means for you
A grant means the Board agreed the veteran was entitled to the benefit. Decisions like this show the kind of evidence and arguments that tend to succeed for claims like it.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Granted
The Board of Veterans' Appeals has granted service connection for PTSD and Mood Disorders, both presumed conditions under the PACT Act.
- Dismissed
The Veteran's claim for an earlier effective date for diabetes mellitus type II with erectile dysfunction was denied as the evidence did not show that he had been diagnosed and manifested to at least a 10 percent disability rating on or prior to May 8, 2001.
- Granted
Service connection for Posttraumatic Stress Disorder (PTSD) is granted. The appeal as to the issue of entitlement to service connection for erectile dysfunction is dismissed.
- Remanded (sent back)
The Board has remanded the claims for additional development due to conflicting opinions regarding service connection for peripheral neuropathy, hypertension, and skin disabilities related to herbicide exposure.
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