Lung Cancer (Bronchogenic Carcinoma): VA Presumptive Condition (Agent Orange)
VeteranHQ lists Lung Cancer (Bronchogenic Carcinoma) as a presumptive condition in the Agent Orange and Other Herbicides group. The exposure it is tied to is: Herbicide Agent (Agent Orange/TCDD). The presumption is effective July 27, 1994. It is governed by 38 CFR § 3.309(e); 38 USC § 1116.
A presumption removes one requirement and one only: the veteran does not have to prove a medical link between the condition and service. Everything else still applies. There must be a current diagnosis, the service has to meet the requirements below, and VA decides the claim on the evidence in the record.
What qualifies: Lung Cancer (Bronchogenic Carcinoma)
- Service era
- Vietnam Era (August 5, 1964 – May 7, 1975); Korean DMZ; Thailand
- Service location
- Republic of Vietnam, Thailand (specified bases), Korean DMZ, Johnston Island
- Exposure
- Herbicide Agent (Agent Orange/TCDD)
- Effective date
- July 27, 1994
- Filing deadline
- No statutory deadline
- Diagnostic code
- 6819
Service required for this presumption
Service in the Republic of Vietnam between January 9, 1962, and May 7, 1975, or other qualifying herbicide exposure locations. NOTE: This is the Agent Orange presumptive for lung cancer. A separate PACT Act presumptive also exists for post-9/11 veterans.
About this presumption
Lung cancer (including all histological types: adenocarcinoma, squamous cell carcinoma, small cell carcinoma, large cell undifferentiated carcinoma) is presumptively service-connected for veterans with Agent Orange exposure. TCDD is a known promoter of pulmonary carcinogenesis. The VA should not reduce the presumption based on smoking history — the presumption applies regardless of other risk factors. Veterans who smoked and have lung cancer AND qualifying Vietnam service are entitled to the presumptive.
Evidence still needed
A presumption does not remove the evidence requirement. VA still needs a current diagnosis from a medical provider and service records that show the qualifying service above. What it removes is the medical opinion connecting the two.
Service records; chest CT scan; pathology confirming primary lung malignancy (must distinguish from metastatic disease); pulmonologist or oncologist records; smoking history is irrelevant to presumptive eligibility.
Controlling legal authority
38 CFR § 3.309(e); 38 USC § 1116
Related on VeteranHQ
- Neoplasms, malignant, any specified part of respiratory system exclusive of skin growths: 38 CFR Part 4 rating criteriaThe percentage tiers VA applies once service connection is established, under DC 6819.
- VA presumptive conditions, explainedHow presumptive service connection works, and what it does not cover.
- All presumptive conditions by exposureAgent Orange, PACT Act, Camp Lejeune, Gulf War, and ionizing radiation.
Questions About Lung Cancer (Bronchogenic Carcinoma) and Presumptive Service Connection
Is Lung Cancer (Bronchogenic Carcinoma) a VA presumptive condition?
Yes. VeteranHQ lists Lung Cancer (Bronchogenic Carcinoma) as presumptive in the Agent Orange and Other Herbicides group, effective July 27, 1994, under 38 CFR § 3.309(e); 38 USC § 1116. A presumption removes the requirement to prove a medical link to service. A current diagnosis and qualifying service are still required, and VA decides the claim.
What service qualifies for the Lung Cancer (Bronchogenic Carcinoma) presumption?
Service in the Republic of Vietnam between January 9, 1962, and May 7, 1975, or other qualifying herbicide exposure locations. NOTE: This is the Agent Orange presumptive for lung cancer. A separate PACT Act presumptive also exists for post-9/11 veterans. Service era: Vietnam Era (August 5, 1964 – May 7, 1975); Korean DMZ; Thailand. Service location: Republic of Vietnam, Thailand (specified bases), Korean DMZ, Johnston Island.
What evidence is still needed for a Lung Cancer (Bronchogenic Carcinoma) claim?
Service records; chest CT scan; pathology confirming primary lung malignancy (must distinguish from metastatic disease); pulmonologist or oncologist records; smoking history is irrelevant to presumptive eligibility. A presumption removes the requirement to prove a medical link to service. A current diagnosis and qualifying service are still required, and VA decides the claim.
Is there a filing deadline for Lung Cancer (Bronchogenic Carcinoma)?
No statutory deadline
VeteranHQ publishes VA rules and the citations behind them. It does not prepare, file, or represent claims, and nothing here is legal advice or a prediction of what VA will decide.