The veteran's lung disease is not service-connected, but his squamous cell carcinoma of the right vocal cord is presumed to be due to Agent Orange exposure. The effective date for service connection is December 27, 2001. Pension benefits are denied due to excessive income.
The deciding factor: VA regulations changed in 2001 and 2002, allowing all veterans who served in Vietnam to be presumed exposed to Agent Orange and eliminating the thirty-year time limit for service connection of laryngeal cancer.
- Claimed conditions
- lung disease, squamous cell carcinoma of the right vocal cord
- How they argued it
- Not specified
- Exposure basis
- Gulf War
- Rating
- Not verified here — check the original decision
- Decision date
- December 9, 2008
- Citation
- 0842226
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 0842226.
What this means for you
A grant means the Board allowed the benefit or issue identified in this decision. Review the original order: other issues in the same appeal may have a different outcome, and this decision does not predict another claim.
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: Dismissed
The Board dismissed the claims for increased ratings for lung disease and residuals of esophageal cancer as moot because the Veteran was already in receipt of the highest possible ratings for these conditions, which are in effect for the entirety of the appeal period. The claim for special monthly compensation (SMC) at a higher level based on need for aid and assistance due to the Veteran's condition prior to his passing is granted.
- Whole decision: Remanded (sent back)
The Veteran's claim for service connection for a respiratory disorder, including COPD and emphysema, is being remanded due to the submission of new and relevant evidence. The Board finds that the evidence submitted tends to disprove a link between his current condition and active service.
- Whole decision: Partly granted
The Veteran's lung disease is granted as service-connected due to asbestos exposure during service. The Veteran's coronary artery disease claim is remanded for further evaluation.
- Whole decision: Remanded (sent back)
The Veteran's death was caused by radiation, but the cause of his hematuria and prostate cancer is under review. The Board finds that VA did not obtain a proper medical opinion regarding the relationship between in-service asbestos exposure and the Veteran's death.
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