The Board denied the appellant's request for an earlier effective date of July 21, 2003 for service connection granted due to exposure to Agent Orange and carcinoma of the lung. The appeal was not about a claim for service connection but rather about accrued benefits purposes.
The deciding factor: The veteran did not file a formal or informal claim for service connection prior to his July 21, 2003 letter requesting such. The effective date is set at the date of receipt of the claim due to the lack of previous claims.
- Claimed conditions
- carcinoma of the lung
- How they argued it
- Secondary to another service-connected condition
- Exposure basis
- Agent Orange / herbicides
- Rating
- Not verified here — check the original decision
- Decision date
- November 20, 2007
- Citation
- 0736509
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 0736509.
What this means for you
A final Board denial may be appealed to the U.S. Court of Appeals for Veterans Claims, generally within 120 days of the Board mailing date. A Supplemental Claim with new and relevant evidence is a separate option. Another Higher-Level Review of the Board decision is not available. Check your own notice: this historical decision does not set your deadline.
What you can do next
Use your own notice and decision stage. A remanded issue is not a final court-appealable denial. VA review guidance and CAVC filing instructions (U.S. federal; reviewed October 7, 2026).
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Whole decision: Denied
The Veteran's death was not due to a service-connected disability, and the Board denied entitlement to service connection for the cause of his death.
- Whole decision: Remanded (sent back)
The Veteran is requesting that the AOJ adjudicate whether revision of a March 2006 rating decision which awarded a 100 percent disability rating for carcinoma of the liver and carcinoma of the lung, resulting in the continuation of SMC (L) for aid and attendance, is warranted due to clear and unmistakable error. The Board finds this constitutes pre-decisional error and remands the matter.
- Whole decision: Remanded (sent back)
The Board has remanded the case due to a need for additional medical opinions regarding the Veteran's lung cancer and death, specifically related to his exposure at Camp Lejeune.
- Whole decision: Denied
The Veteran's claim for a higher disability rating for his service-connected carcinoma of the lung with post-operative right upper lobectomy and COPD was denied as his FEV-1/FVC readings were not less than 55 percent, which is required for a higher rating.
Free starter guide for your own claim
Reading this because you were denied or under-rated? Get the plain-English next steps — your appeal options, the deadline that protects you, and how appeals like yours turn out. One email, no spam.
We will only use this to send the guide. No spam, unsubscribe any time. We never sell your information.
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.