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Whole decision: Denied

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

Alexandra P. Simpson

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.

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