The veteran seeks an earlier effective date for the grant of service connection for prostate cancer, which he asserts was due to Agent Orange exposure. The RO assigned February 17, 1994 as the effective date based on VA regulatory changes and the Nehmer stipulation. The veteran argues that his claim should be granted with a November 1993 effective date.
The deciding factor: The effective date for service connection is governed by VA regulations and legal precedents, including the Nehmer stipulation which provides for earlier effective dates in certain circumstances where claims were held open or denied prior to the issuance of new regulations. In this case, the RO determined that February 17, 1994 was the correct effective date based on the veteran's claim filing and VA regulatory changes.
- Claimed conditions
- prostate cancer
- How they argued it
- Not specified
- Exposure basis
- Agent Orange / herbicides
- Rating assigned
- None in this decision
- Decision date
- December 31, 2001
- Citation
- 0127785
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 0127785.
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Related decisions
Other Board decisions on a similar condition or argued the same way.
- Denied
The Board denied service connection for diabetes mellitus, prostate cancer, visual impairment, hypertension, and erectile dysfunction due to lack of exposure to herbicide agents during service. The Veteran's claims were not granted.
- Granted
The Veteran's claim for service connection for prostate cancer, bone cancer, and lymph node cancer has been granted. The prostate cancer is presumed due to herbicide agent exposure during service at RTAFB Takhli. Bone cancer is secondary to the service-connected prostate cancer. Lymph node cancer is also considered secondary to prostate cancer.
- Denied
The Board denied service connection for diabetes mellitus, prostate cancer, ischemic heart disease, right lower extremity peripheral artery disease, left lower extremity peripheral artery disease, and hypertension as the evidence did not establish an in-service event or exposure to herbicide agents.
- Remanded (sent back)
The Board has granted service connection for prostate cancer but remanded the claim for PTSD due to insufficient verification of stressor incidents.
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