The veteran's lung cancer, diagnosed in 1999 and presumed to be due to herbicide exposure during service, did not manifest within the 30-year presumptive period. The appellant's claim for accrued benefits is denied as there were no unpaid periodic monetary benefits at the time of the veteran's death.
The deciding factor: The effective date of the liberalizing regulatory change removing the 30 year limitation for lung cancer as a presumptive disease based on herbicide exposure was January 1, 2002. At the time of the veteran's death in May 2001, the evidence did not show any unpaid periodic monetary benefits.
- 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
- September 21, 2007
- Citation
- 0729765
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 0729765.
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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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