The Veteran's death was caused by lung cancer, which is presumed to be due to herbicide exposure during service. The appellant did not have a pending claim for this condition before the effective date of the liberalizing law in 1994, so her claim cannot be granted retroactively.
The deciding factor: The appellant's claim was received more than one year after the effective date of the liberalizing law that established the presumption for service connection based on herbicide exposure.
- Claimed conditions
- Lung Cancer
- How they argued it
- Presumptive (no nexus needed)
- Exposure basis
- Gulf War
- Rating assigned
- None in this decision
- Decision date
- May 17, 2018
- Citation
- 18103120
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 18103120.
What this means for you
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What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Denied
The Veteran's cause of death, lung cancer, was not related to his active duty service and therefore service connection for the cause of death is denied.
- Granted
The Veteran's claim of service connection for GERD has been readjudicated due to the submission of relevant new evidence.,The Veteran's claims of service connection for bilateral eye condition, headaches, low back condition, lung cancer, and Parkinson's disease with tremors have also been readjudicated due to the submission of relevant new evidence.
- Remanded (sent back)
The Veteran's eligibility for the VA Program of Comprehensive Assistance for Family Caregivers (PCAFC) was remanded due to inadequate medical opinion and insufficient notice. The Board found that the Veteran required personal care services due to his chronic conditions, including lymphoma, congestive heart failure, lung cancer, and decreased mobility.
- Remanded (sent back)
The Board has remanded the case due to inadequate rationale in a previous VA examination and missing records. The claim will be reconsidered with new evidence.
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