The Board denied a request for an earlier effective date for the grant of service connection for adenocarcinoma of the right lung, finding that the claim was not filed before July 13, 2009.
The deciding factor: The Board found no indication on the part of the Veteran of any intent to file a claim prior to the initial July 2009 claim and there is no provision in the law for awarding an earlier effective date based solely on the presence of the disability.
- Claimed conditions
- adenocarcinoma of the right lung
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- July 24, 2017
- Citation
- 1729034
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 1729034.
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 is remanding the case to determine if the U.S.S. Apache and U.S.S. Brinkley Bass were within 12 nautical miles of Vietnam when they rendezvoused with the U.S.S. Piedmont on February 7, 1966.
- Remanded (sent back)
Service connection for lung cancer and COPD is granted on a presumptive basis due to the PACT Act. Service connection for other respiratory conditions, including chronic bronchitis, remains pending.
- Remanded (sent back)
The Board has determined that additional development is necessary to determine if the Veteran was exposed to asbestos during service and whether his lung disability, including adenocarcinoma of the right lung, emphysematous changes, and varying degrees of interstitial fibrosis of the right lung, is related to service. The case is being remanded for these purposes.
- Remanded (sent back)
The Veteran's adenocarcinoma of the right lung is being remanded for further evaluation due to incomplete medical opinions.
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