The veteran's claim for an earlier effective date for the award of service connection for non-small cell carcinoma of the lung was denied as a matter of law, since he did not file a formal claim for this condition until May 11, 2005.
The deciding factor: The evidence does not show that the veteran's lung cancer arose prior to his claim in 2005 or that there was any previous communication indicating an intent to apply for service connection for this condition. The effective date of a grant of service connection is generally the date of receipt of the claim, unless the evidence shows that the disability arose earlier.
- Claimed conditions
- non-small cell 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
- January 15, 2009
- Citation
- 0901693
Veterans Law Judge
Judge attribution: 2025 complete; earlier years partial.
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 0901693.
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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 due to non-small cell carcinoma of the lung, finding that there was no service-connected disability at the time of his death and concluding that the evidence did not support a nexus between the cause of death and military service.
- Granted
Right ear hearing loss is granted as service-connected.,Diabetes mellitus, type II, is denied as not related to service or exposure to burn pits.,Non-small cell carcinoma of the lung is denied as not related to service or exposure to burn pits.
- Remanded (sent back)
The Board has remanded the case due to insufficient development and lack of consideration of certain factors related to herbicide exposure and service connection for cause of death.
- Denied
The Veteran's claim for an earlier effective date for the grant of service connection for non-small cell carcinoma of the lung was denied as there is no evidence that he had filed a prior claim or intent to file one before October 27, 2011. The effective date assigned is October 27, 2011.
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