The Board denied an earlier effective date for DIC benefits due to the cause of death being secondary to Agent Orange exposure, finding that the effective date should be April 1, 1987.
The deciding factor: The effective date rules as set forth in Nehmer I and II were properly applied to award the appellant an effective date of April 1, 1987, and do not provide a basis for the assignment of a payment date earlier than this date.
- Claimed conditions
- Carcinoma of the lung
- How they argued it
- Presumptive (no nexus needed)
- Exposure basis
- Agent Orange / herbicides
- Rating
- Not verified here — check the original decision
- Decision date
- November 8, 2001
- Citation
- 0126136
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 0126136.
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: Remanded (sent back)
The Veteran's cause of death was ruled as carcinoma of the lung, but service connection for this condition is denied. The case is remanded to obtain a medical opinion regarding whether VA care contributed to the Veteran's lung cancer.
- Whole decision: Denied
The Board found that the Veteran's death was not caused by or related to his military service, including exposure to herbicides. The cause of death listed on his death certificate was obstructive pneumonia, which led to metastatic carcinoma in the thoracic spine and lung cancer.
- Whole decision: Granted
The Board has granted the appellant's claim for service connection for the veteran's cause of death, finding that his atrial fibrillation, which contributed significantly to his death, was related to his period of military service.
- Whole decision: Denied
The Board found that the veteran's fatal lung cancer was not proximately due to or the result of a condition incurred or aggravated during service, including inservice radiation exposure at Hiroshima or Nagasaki and inservice asbestos exposure. The claim is denied.
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