The Board denied the Veteran's claim for an earlier effective date for service connection due to lung cancer and COPD, finding that he did not meet eligibility criteria from June 9, 1994, when respiratory cancers were added as a presumptive Agent Orange disease. The earliest effective date assigned was September 9, 2004.
The deciding factor: The Veteran's claim for service connection for lung cancer and COPD was received on September 9, 2004, which is the effective date established by law due to his prior denial of service connection for lung cancer between May 3, 1989, and June 9, 1994.
- Claimed conditions
- Lung Cancer, Chronic Obstructive Pulmonary Disease (COPD)
- How they argued it
- Presumptive (no nexus needed)
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- April 9, 2018
- Citation
- 1821804
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 1821804.
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.
- Remanded (sent back)
The Board has decided to remand the claim of service connection for COPD due to duty-to-assist errors and a need for a supplemental medical opinion.
- 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.
- Denied
The Veteran's appeal to reduce the ratings for OSA and COPD with asthma and granuloma of the lung was denied, as well as his attempt to add a claim for service connection for aphasia secondary to TBI. The appeals were dismissed due to untimeliness.
- Remanded (sent back)
The Veteran's claim for service connection for COPD is remanded due to a duty to assist error. The Board requests an addendum opinion from a pulmonologist or clinician with appropriate expertise to determine if the Veteran's COPD is etiologically related to his VA conceded TERA exposure, including exposure to TCDD, jet fuel and engine exhaust, hazardous chemicals, lead, vehicle engine exhaust fumes, chemical vapors, oily/hazardous waste, chemical solvents, and compressed gases.
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