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
- Not verified here — check the original 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. Search VA.gov for the original decision (opens in a new tab) using citation 0901693.
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 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.
- Whole decision: 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.
- Whole decision: 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.
- Whole decision: 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.
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.