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
- Not verified here — check the original 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. Search VA.gov for the original decision (opens in a new tab) using citation 0125455.
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: 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.
- Whole decision: 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.
- Whole decision: 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.
- Whole decision: Granted
The Veteran's tinnitus is presumed to have been incurred in service due to noise exposure during his time in Vietnam.
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