The Board denied the Veteran's claims for an earlier effective date for chloracne related to herbicide exposure and service connection for throat cancer. The Veteran was not granted a retroactive award due to lack of one year prior to enactment of the relevant law, and his claim for throat cancer is pending.
The deciding factor: The Board found that the earliest possible effective date for service connection allowed by law in this case is June 12, 2012, which is when the Veteran filed his claim. The Veteran's argument was based on equitable considerations but the Board is bound by the law and cannot grant benefits on an equitable basis.
- Claimed conditions
- throat cancer, chloracne
- How they argued it
- Presumptive (no nexus needed)
- Exposure basis
- Agent Orange / herbicides
- Rating assigned
- None in this decision
- Decision date
- January 9, 2018
- Citation
- 1801211
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 1801211.
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 remands the Veteran's claim for service connection for throat cancer to obtain additional medical evidence regarding the relationship between the Veteran's service, including exposure to herbicide agents, and his development of throat cancer.
- Remanded (sent back)
The Board remands the claims for further development, including obtaining additional medical opinions and private treatment records.
- Remanded (sent back)
The Board remands the claim for service connection for throat cancer to provide the Veteran with notice of his right to a hearing on his supplemental claim.
- Remanded (sent back)
The Board of Veterans' Appeals remands the issue of entitlement to service connection for throat cancer due to a pre-decisional error in not verifying the Veteran's claimed exposure to toxic materials.
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.