The Board denied the veteran's claim for an effective date prior to September 29, 1997, for service connection and special monthly compensation due to his postoperative residuals of cancer of the larynx. The claims were filed after the effective date of a liberalizing regulation adding respiratory cancers, including laryngeal cancer, to presumptive diseases associated with exposure to herbicides like Agent Orange.
The deciding factor: The veteran's claim was not submitted within one year of the effective date of the liberalizing regulation that added laryngeal cancer to the list of presumptive diseases for veterans exposed to herbicides. As a result, the earliest possible effective date is September 29, 1998.
- Claimed conditions
- Postoperative residuals of cancer of the larynx
- How they argued it
- Presumptive (no nexus needed)
- Exposure basis
- Agent Orange / herbicides
- Rating assigned
- None in this decision
- Decision date
- October 29, 2001
- Citation
- 0125455
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 0125455.
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.
- 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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