The Veteran's cause of death was due to lung cancer, which is a covered herbicide disease. The Appellant filed for DIC benefits in 1986 but did not receive them as lung cancer was not yet recognized as a presumptive service-connected condition at that time. She missed the one-year deadline and thus her claim was denied. The effective date of the grant of service connection for the cause of death is July 23, 2009.
The deciding factor: The Appellant did not file a valid DIC claim prior to July 23, 2010 as lung cancer was not recognized as a presumptive service-connected condition at that time.
- Claimed conditions
- carcinoma of the lung
- How they argued it
- Presumptive (no nexus needed)
- Exposure basis
- Agent Orange / herbicides
- Rating assigned
- None in this decision
- Decision date
- May 29, 2015
- Citation
- 1522852
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 1522852.
What this means for you
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Related decisions
Other Board decisions on a similar condition or argued the same way.
- Denied
The Veteran's death was not due to a service-connected disability, and the Board denied entitlement to service connection for the cause of his death.
- Remanded (sent back)
The Veteran is requesting that the AOJ adjudicate whether revision of a March 2006 rating decision which awarded a 100 percent disability rating for carcinoma of the liver and carcinoma of the lung, resulting in the continuation of SMC (L) for aid and attendance, is warranted due to clear and unmistakable error. The Board finds this constitutes pre-decisional error and remands the matter.
- Remanded (sent back)
The Board has remanded the case due to a need for additional medical opinions regarding the Veteran's lung cancer and death, specifically related to his exposure at Camp Lejeune.
- Denied
The Veteran's claim for a higher disability rating for his service-connected carcinoma of the lung with post-operative right upper lobectomy and COPD was denied as his FEV-1/FVC readings were not less than 55 percent, which is required for a higher rating.
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