The veteran's lung cancer was initially diagnosed in April 2001. He filed a claim for service connection for lung cancer on December 20, 2001 and the claim was granted effective that date. The appellant is requesting an earlier effective date based on her husband's diagnosis of lung cancer in April 2001. However, as the veteran did not meet all eligibility criteria for a grant of service connection for lung cancer at the time the liberalizing law became effective (June 1994), the claim for an earlier effective date is denied.
The deciding factor: The veteran's entitlement to service connection for lung cancer under the presumptive provisions set forth in 38 C.F.R. § 3.309(e) was not established until after the liberalizing law became effective, thus he did not meet all eligibility criteria at that time and Section 3.114 does not provide a basis for an earlier effective date.
- Claimed conditions
- lung cancer
- How they argued it
- Presumptive (no nexus needed)
- Exposure basis
- Agent Orange / herbicides
- Rating assigned
- None in this decision
- Decision date
- November 15, 2005
- Citation
- 0530655
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 0530655.
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Related decisions
Other Board decisions on a similar condition or argued the same way.
- Granted
The Veteran's claim for a higher evaluation of his service-connected chronic fatigue and weakness due to chemotherapy and radiation treatment for lung cancer is granted, with an evaluation of 60 percent.,The Veteran's claim for a compensable rating for residuals of lung cancer from May 1, 2005 is denied.
- Remanded (sent back)
The Board has decided to remand the case due to a need for further evaluation of the Veteran's lung cancer and its relationship to service, including any in-service granuloma.
- Dismissed
The Board has vacated its decisions granting service connection for lung cancer and remanding issues of tinnitus and TDIU, but the Veteran's death means these appeals are dismissed.
- Remanded (sent back)
The Board has remanded the Veteran's claims for service connection for kidney cancer and lung cancer due to a lack of adequate medical opinion regarding the etiology of his kidney cancer, which is presumed to be related to herbicide exposure. The claim for lung cancer is inextricably intertwined with the kidney cancer claim.
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