The Board denied an earlier effective date for posthumous entitlement to compensation during the veteran's lifetime for service-connected cancer of the lung and esophagus, secondary to herbicide exposure.
The deciding factor: The earliest possible effective date is October 31, 1995, based on medical evidence indicating that the veteran's death was caused by widely metastatic lung cancer instead of esophageal cancer.
- Claimed conditions
- cancer of the lung, cancer of the esophagus
- How they argued it
- Secondary to another service-connected condition
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- February 3, 2009
- Citation
- 0903776
Veterans Law Judge
Decisions by this judge: 1,454 · Granted: 23% (granted or partly granted, in the vetted decisions on this site)
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 0903776.
What this means for you
A denial is a starting point, not the end of the road. You can see why this claim fell short — and, if you are still inside the one-year window, the appeal lanes that may remain open to you.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Granted
The Veteran's esophagus cancer is granted as service connected due to exposure to Agent Orange during his Vietnam service. The cause of death, metastatic esophageal cancer, is also granted.
- Granted
The Board has granted service connection for cancer of the esophagus, finding that it is related to his gastroesophageal reflux disease (GERD), which was aggravated by non-steroidal anti-inflammatory (NSAID) medications used to treat a service-connected knee condition.
- Granted
The Veteran's service-connected diabetes mellitus is found to be etiologically related to his esophageal cancer, granting service connection for the esophageal cancer. The rating for left second and third toe amputation remains at 20 percent.
- Remanded (sent back)
The Board has remanded the cases for further development and consideration due to insufficient medical opinions regarding the etiology of the Veteran's cancer.
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.