The Veteran died of metastatic lung cancer. The appellant's claim for DIC benefits was received on May 20, 2009, which is the effective date assigned by VA. As there was no pending claim at the time of his death and he did not have a claim pending when he died, the appellant is denied an earlier effective date for DIC benefits.
The deciding factor: The Veteran's death occurred after the liberalizing law that established presumptive service connection for respiratory cancers based on exposure to herbicides used in Vietnam. The appellant's claim was received more than one year after this liberalizing law and thus cannot be granted an earlier effective date.
- Claimed conditions
- metastatic lung cancer
- How they argued it
- Presumptive (no nexus needed)
- Exposure basis
- Agent Orange / herbicides
- Rating assigned
- None in this decision
- Decision date
- April 23, 2015
- Citation
- 1517538
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 1517538.
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Related decisions
Other Board decisions on a similar condition or argued the same way.
- Granted
The Veteran's cause of death, metastatic lung cancer, was found to be related to service and caused or contributed substantially to the Veteran's death. The Board granted entitlement to service connection for the Veteran's cause of death.
- Granted
The Veteran's cause of death was metastatic neuroendocrine carcinoma, which is presumed to be related to his exposure to herbicides during service in Vietnam. The Board found that the Veteran's service-connected metastatic lung cancer contributed substantially or materially to his death.,Entitlement to DIC under 38 U.S.C. § 1318 was dismissed as moot due to the grant of service connection for the cause of the Veteran's death.
- Remanded (sent back)
The Board has remanded the case due to insufficient evidence regarding whether the Veteran's esophageal cancer, which caused his death, was related to his service exposure to herbicide agents.
- Denied
The Veteran's cause of death was not caused by a service-connected disability, and the cancer did not manifest to a compensable degree within one year after discharge from service. The Veteran was rated 100% disabled for his mental health disorder less than two years before his death, but he was not rated continuously for ten years preceding death or continuously since release from active duty for at least five years preceding death.
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