The Board has determined that the effective date for the grant of service connection for small cell lung cancer is August 5, 2004. The appellant's claim was received on this date and she does not have standing to file a claim for an earlier effective date as there were no pending claims or clear and unmistakable error in prior rating decisions.
The deciding factor: The Board found that the Veteran did not have a pending claim of service connection for small cell lung cancer before August 5, 2004. As such, the earliest possible effective date is the date of receipt of the claim on August 5, 2004.
- Claimed conditions
- small cell lung cancer
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 100%
- Decision date
- September 18, 2013
- Citation
- 1329809
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 1329809.
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.
- Remanded (sent back)
The Board has remanded the claim of service connection for small cell lung cancer, for purposes of accrued benefits, due to a duty to assist error and statutory or regulatory duty.
- Remanded (sent back)
The Board has remanded the case due to insufficient medical opinions regarding whether the Veteran's cause of death, including small cell lung cancer and coronary artery disease, was related to his in-service asbestos exposure. The VA must obtain an adequate opinion from a clinician.
- Granted
The Board grants an earlier effective date of March 24, 2023, for the awards of service connection for lung cancer, kidney cancer, and liver cancer.
- Granted
The Board granted entitlement to service connection for the cause of the Veteran's death due to small cell lung cancer, and awarded DIC benefits from October 20, 2016.
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