The Veteran's lung cancer is granted service connection based on presumed exposure to herbicide agents during active duty.,Service connection for prostate cancer is dismissed due to the Veteran not filing a VA Form 10182 within one year of receiving notification of the decision.
The deciding factor: The persuasive weight of the evidence supports a finding that the Veteran was exposed to herbicide agents during service, has been diagnosed with lung cancer, and his lung cancer is presumed related to his in-service exposure to herbicide agents.,The right to enforce claims-processing rules has not been waived. The appeal for prostate cancer must be dismissed due to procedural defects.
- Claimed conditions
- lung cancer, prostate cancer, respiratory condition (bronchiectasis, emphysema, COPD)
- How they argued it
- Presumptive (no nexus needed)
- Exposure basis
- Gulf War
- Rating assigned
- None in this decision
- Decision date
- December 6, 2024
- Citation
- A24081269
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 A24081269.
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 claim for a higher evaluation of his service-connected chronic fatigue and weakness due to chemotherapy and radiation treatment for lung cancer is granted, with an evaluation of 60 percent.,The Veteran's claim for a compensable rating for residuals of lung cancer from May 1, 2005 is denied.
- Denied
The Board denied service connection for diabetes mellitus, prostate cancer, visual impairment, hypertension, and erectile dysfunction due to lack of exposure to herbicide agents during service. The Veteran's claims were not granted.
- Granted
The Veteran's claim for service connection for prostate cancer, bone cancer, and lymph node cancer has been granted. The prostate cancer is presumed due to herbicide agent exposure during service at RTAFB Takhli. Bone cancer is secondary to the service-connected prostate cancer. Lymph node cancer is also considered secondary to prostate cancer.
- Denied
The Board denied service connection for diabetes mellitus, prostate cancer, ischemic heart disease, right lower extremity peripheral artery disease, left lower extremity peripheral artery disease, and hypertension as the evidence did not establish an in-service event or exposure to herbicide agents.
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