The Board denied the veteran's claim for an earlier effective date for compensation benefits under 38 U.S.C.A. § 1151 due to lack of a formal or informal claim within one year of his surgery in April 1985.
The deciding factor: There was no formal or informal claim received by the VA within one year of the veteran's pneumonectomy in April 1985, as required by regulation for an effective date based on that date.
- Claimed conditions
- pneumonectomy
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 16, 2007
- Citation
- 0736281
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 0736281.
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.
- Granted
The Veteran's lung cancer residuals have been rated at 100 percent from November 12, 2004 to August 17, 2007 and in excess of 60 percent beginning April 26, 2017. The Board has determined that the current rating of 30 percent is appropriate for the period from August 17, 2007 to April 26, 2017.
- Remanded (sent back)
The Veteran's lung disorder, which required a pneumonectomy in 2008, is being remanded for further examination and opinion as to whether it was incurred or due to his active duty service, including exposure to asbestos.
- Dismissed
The Veteran's appeal was dismissed due to his death, and no jurisdiction remains for the merits of this claim.
- Granted
The Veteran's claim for compensation benefits under the provisions of 38 U.S.C.A. § 1151 for residuals of a pneumonectomy was granted with an effective date of May 8, 1986.
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