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). This condition was added to the presumptive list effective June 9, 1994. That is the date the statute or final rule that added it took effect, not the effective date of any individual award, which VA decides claim by claim. It is governed by 38 CFR § 3.309(e); 38 USC § 1116; 38 CFR § 3.307(a)(6); 38 USC § 1116A; 38 USC § 1116B.
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 disability, which for most conditions means a diagnosis from a medical provider. 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
- January 9, 1962 to May 7, 1975 (Republic of Vietnam, including its inland waterways, and the separate 38 USC § 1116A(d) offshore area); September 1, 1967 to August 31, 1971 (service in or near the Korean DMZ); January 9, 1962 to June 30, 1976 (a United States or Royal Thai base in Thailand)
- Service location
- Republic of Vietnam (including inland waterways); the separate offshore area defined by 38 USC § 1116A(d), within 12 nautical miles seaward of the line in that subsection; Thailand (U-Tapao, Ubon, Nakhon Phanom, Udorn, Takhli, Korat, and Don Muang bases); Korean DMZ; Johnston Island; specific test and storage sites in the United States
- Exposure
- Herbicide Agent (Agent Orange/TCDD)
- Added to presumptive list
- June 9, 1994
- Filing deadline
- No statutory deadline
- Diagnostic code
- 6819
Service required for this presumption
Qualifying service includes service in the Republic of Vietnam between January 9, 1962, and May 7, 1975, or other qualifying herbicide exposure locations. Independently, 38 USC § 1116A covers active military, naval, or air service offshore of the Republic of Vietnam in the area defined by § 1116A(d) during the period beginning on January 9, 1962, and ending on May 7, 1975. Offshore service requires no in-country duty or visitation and no inland-waterway service. Section 1116A(a) makes service connection "subject to section 1113 of this title" and covers "a disease covered by section 1116 of this title becoming manifest as specified in that section". Section 1116A(b) states: A veteran who, during active military, naval, or air service, served offshore of the Republic of Vietnam during the period beginning on January 9, 1962, and ending on May 7, 1975, shall be presumed to have been exposed during such service to an herbicide agent unless there is affirmative evidence to establish that the veteran was not exposed to any such agent during that service. NOTE: This is the Agent Orange presumptive for lung cancer. A separate PACT Act presumptive also exists for post-9/11 veterans. Each route has its own authority: the Republic of Vietnam route is 38 CFR § 3.307(a)(6)(iii); the Korean DMZ route is 38 USC § 1116B(a)(2), which covers a veteran who served in or near the Korean Demilitarized Zone (DMZ) between September 1, 1967 and August 31, 1971, and names no unit requirement (38 CFR § 3.307(a)(6)(iv) still reads April 1, 1968 and speaks of service in a unit that, as determined by the Department of Defense, operated in or near the DMZ, but 1116B was added by the Blue Water Navy Vietnam Veterans Act of 2019, Public Law 116-23, effective January 1, 2020, and the statute controls); and the Thailand route of January 9, 1962 to June 30, 1976 at any United States or Royal Thai base is 38 USC § 1116(d)(2). The Vietnam ERA of 38 CFR § 3.2(f) is a wider window than this presumption and does not set its bounds.
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. The offshore area of 38 USC § 1116A(d), captured verbatim: Notwithstanding any other provision of law, for purposes of this section, the Secretary shall treat a location as being offshore of Vietnam if the location is not more than 12 nautical miles seaward of a line commencing on the southwestern demarcation line of the waters of Vietnam and Cambodia and intersecting the following points: Points Geographic Names Latitude North Longitude East At Hon Nhan Island, Tho Chu Archipelago Kien Giang Province 9°15.0′ 103°27.0′ At Hon Da Island southeast of Hon Khoai Island Minh Hai Province 8°22.8′ 104°52.4′ At Tai Lon Islet, Con Dao Islet in Con Dao-Vung Toa Special Sector 8°37.8′ 106°37.5′ At Bong Lai Islet, Con Dao Islet 8°38.9′ 106°40.3′ At Bay Canh Islet, Con Dao Islet 8°39.7′ 106°42.1′ At Hon Hai Islet (Phu Qui group of islands) Thuan Hai Province 9°58.0′ 109°5.0′ At Hon Doi Islet, Thuan Hai Province 12°39.0′ 109°28.0′ At Dai Lanh point, Phu Khanh Province 12°53.8′ 109°27.2′ At Ong Can Islet, Phu Khanh Province 13°54.0′ 109°21.0′ At Ly Son Islet, Nghia Binh Province 15°23.1′ 109° 9.0′ At Con Co Island, Binh Tri Thien Province 17°10.0′ 107°20.6′
Evidence still needed
A presumption does not remove the evidence requirement. VA still needs evidence of a current disability, which for this condition means 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; 38 CFR § 3.307(a)(6); 38 USC § 1116A; 38 USC § 1116B
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, added to the list effective June 9, 1994, under 38 CFR § 3.309(e); 38 USC § 1116; 38 CFR § 3.307(a)(6); 38 USC § 1116A; 38 USC § 1116B. A presumption removes the requirement to prove a medical link to service. A current disability (for most conditions, a diagnosis) and qualifying service are still required, and VA decides the claim.
What service qualifies for the Lung Cancer (Bronchogenic Carcinoma) presumption?
Qualifying service includes service in the Republic of Vietnam between January 9, 1962, and May 7, 1975, or other qualifying herbicide exposure locations. Independently, 38 USC § 1116A covers active military, naval, or air service offshore of the Republic of Vietnam in the area defined by § 1116A(d) during the period beginning on January 9, 1962, and ending on May 7, 1975. Offshore service requires no in-country duty or visitation and no inland-waterway service. Section 1116A(a) makes service connection "subject to section 1113 of this title" and covers "a disease covered by section 1116 of this title becoming manifest as specified in that section". Section 1116A(b) states: A veteran who, during active military, naval, or air service, served offshore of the Republic of Vietnam during the period beginning on January 9, 1962, and ending on May 7, 1975, shall be presumed to have been exposed during such service to an herbicide agent unless there is affirmative evidence to establish that the veteran was not exposed to any such agent during that service. NOTE: This is the Agent Orange presumptive for lung cancer. A separate PACT Act presumptive also exists for post-9/11 veterans. Each route has its own authority: the Republic of Vietnam route is 38 CFR § 3.307(a)(6)(iii); the Korean DMZ route is 38 USC § 1116B(a)(2), which covers a veteran who served in or near the Korean Demilitarized Zone (DMZ) between September 1, 1967 and August 31, 1971, and names no unit requirement (38 CFR § 3.307(a)(6)(iv) still reads April 1, 1968 and speaks of service in a unit that, as determined by the Department of Defense, operated in or near the DMZ, but 1116B was added by the Blue Water Navy Vietnam Veterans Act of 2019, Public Law 116-23, effective January 1, 2020, and the statute controls); and the Thailand route of January 9, 1962 to June 30, 1976 at any United States or Royal Thai base is 38 USC § 1116(d)(2). The Vietnam ERA of 38 CFR § 3.2(f) is a wider window than this presumption and does not set its bounds. Service era: January 9, 1962 to May 7, 1975 (Republic of Vietnam, including its inland waterways, and the separate 38 USC § 1116A(d) offshore area); September 1, 1967 to August 31, 1971 (service in or near the Korean DMZ); January 9, 1962 to June 30, 1976 (a United States or Royal Thai base in Thailand). Service location: Republic of Vietnam (including inland waterways); the separate offshore area defined by 38 USC § 1116A(d), within 12 nautical miles seaward of the line in that subsection; Thailand (U-Tapao, Ubon, Nakhon Phanom, Udorn, Takhli, Korat, and Don Muang bases); Korean DMZ; Johnston Island; specific test and storage sites in the United States.
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 disability (for most conditions, a 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.