The Veteran's cause of death was denied service connection due to lack of evidence linking the cancer to Agent Orange exposure. The appellant filed a new claim for service connection in 2013, which was granted with an effective date of June 17, 2012, based on liberalizing VA regulations. However, as the claim was not filed within one year of the law's effective date, no earlier effective date is allowed.
The deciding factor: The appellant did not file a timely notice of disagreement or appeal after her claims were denied in 1994 and 1999, and the liberalizing provisions under Nehmer do not apply as respiratory cancers were added to the presumptive list after the applicable law took effect.
- Claimed conditions
- carcinoma of the anterior mediastinum, respiratory cancer
- How they argued it
- Reopened with new and material evidence
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- September 21, 2018
- Citation
- 18137751
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 18137751.
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 Board has denied the Veteran's claim for service connection for tonsillar cancer (claimed as throat and respiratory cancer) due to a lack of evidence showing that his condition began during active service or is related to an in-service injury or disease, including presumed exposure to herbicide agents and contaminated water at Camp Lejeune.
- Granted
The Board granted service connection for respiratory cancer as secondary to the Veteran's already service-connected throat cancer.
- Remanded (sent back)
The Board remands the claims for new VA medical opinions to address the etiology of the Veteran's respiratory cancer and skin cancer, as well as further development regarding potential exposures in service.
- Denied
The Board denied service connection for a respiratory cancer of any type, lymphoma, and sarcoidosis as the evidence did not demonstrate current diagnoses or a nexus to active duty.
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