The Veteran's claim for service connection for squamous cell lung carcinoma was denied in April 2003 due to the RO incorrectly applying the presumption of herbicide exposure. The Court found that the RO erred in not requiring 'affirmative evidence to the contrary' and thus granted revision of the decision.
The deciding factor: The RO failed to correctly apply the presumptions for herbicide exposure and service connection, leading to a denial despite the Veteran's presumed exposure to herbicides in Vietnam.
- Claimed conditions
- squamous cell lung carcinoma
- How they argued it
- Presumptive (no nexus needed)
- Exposure basis
- Burn pits / airborne hazards
- Rating assigned
- None in this decision
- Decision date
- August 29, 2018
- Citation
- 18130307
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 18130307.
What this means for you
A grant means the Board agreed the veteran was entitled to the benefit. Decisions like this show the kind of evidence and arguments that tend to succeed for claims like it.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Granted
The Veteran's sarcoma of the left thigh and squamous cell lung carcinoma are granted as service connected.,Service connection is also granted for peripheral neuropathy of bilateral lower extremities secondary to the sarcoma of the left thigh. However, service connection for depression and anxiety secondary to these cancers is denied.
- Denied
The Board has determined that the April 2003 rating decision denying service connection for squamous cell lung carcinoma with a history of left pneumonectomy was not clearly and unmistakably erroneous (CUE). The Veteran's disagreement with how the evidence was evaluated does not constitute a valid theory of entitlement to CUE.
- Denied
The Board denied the appellant's attempt to reopen her claim for service connection for the cause of the Veteran's death, finding that no new and material evidence had been submitted.
- Granted
The Board has determined that the Veteran's squamous cell lung carcinoma is a result of his in-service exposure to asbestos, and thus service connection for this condition is granted.
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