The Veteran's death was due to lung cancer, which is a covered herbicide disease. The appellant filed for DIC benefits in February 1981 and again in August 2008. The effective date of the award of DIC benefits is set at August 28, 2007, based on the liberalizing law that included respiratory cancers as presumptive diseases.
The deciding factor: The appellant's reopened claim was received more than a year after the liberalizing law that included lung cancer as a covered herbicide disease. The earliest effective date is one year prior to the date of receipt of her reopened claim, which is August 28, 2007.
- Claimed conditions
- lung cancer
- How they argued it
- Presumptive (no nexus needed)
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- December 13, 2012
- Citation
- 1242588
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 1242588.
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Related decisions
Other Board decisions on a similar condition or argued the same way.
- Granted
The Veteran's claim for a higher evaluation of his service-connected chronic fatigue and weakness due to chemotherapy and radiation treatment for lung cancer is granted, with an evaluation of 60 percent.,The Veteran's claim for a compensable rating for residuals of lung cancer from May 1, 2005 is denied.
- Remanded (sent back)
The Board has decided to remand the case due to a need for further evaluation of the Veteran's lung cancer and its relationship to service, including any in-service granuloma.
- Dismissed
The Board has vacated its decisions granting service connection for lung cancer and remanding issues of tinnitus and TDIU, but the Veteran's death means these appeals are dismissed.
- Remanded (sent back)
The Board has remanded the Veteran's claims for service connection for kidney cancer and lung cancer due to a lack of adequate medical opinion regarding the etiology of his kidney cancer, which is presumed to be related to herbicide exposure. The claim for lung cancer is inextricably intertwined with the kidney cancer claim.
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