The veteran's lung cancer was not diagnosed until over 30 years after his last exposure to Agent Orange, and thus the presumption of service connection for respiratory cancers did not apply. The claim is denied as there is no evidence that the cancer was present within a year of the veteran's last exposure.
The deciding factor: The veteran's lung cancer was diagnosed more than 30 years after his last possible exposure to Agent Orange, which is the threshold requirement for presumptive service connection under VA regulations.
- Claimed conditions
- carcinoma of the lung
- How they argued it
- Presumptive (no nexus needed)
- Exposure basis
- Agent Orange / herbicides
- Rating assigned
- None in this decision
- Decision date
- December 29, 2006
- Citation
- 0640214
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 0640214.
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.
- Denied
The Board denied service connection for the cause of the Veteran's death, finding that there was no evidence linking lung cancer to his active service.
- Remanded (sent back)
The Veteran's claim for a higher rating for his service-connected carcinoma of the lung with post-operative right upper lobectomy and COPD is remanded due to worsening symptoms since the last VA examination.
- Granted
The Veteran's cause of death, carcinoma of the lung, is granted as service-connected due to presumed exposure to herbicides during his Navy service in Vietnam.
- Granted
The Board has restored the service connection for cause of death and DEA benefits, finding that ischemic heart disease substantially contributed to the Veteran's death.
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