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| Home >> VA Claims Resources >> VA Claims >> VA General Counsel Precedent Opinions |
VA General Counsel Precedent Opinions |
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REC 18-97 Presumptive Service Connection for Diseases associated with Herbicide Exposure - Metastasized Cancer
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REC 18-97 Presumptive Service Connection for Diseases associated with Herbicide Exposure - Metastasized Cancer Citation: Vet. Aff. Op. Gen Couns. Prec. 18-97, VAOPGCPREC 18-97, 1997 QUESTION PRESENTED: Does the presumption of service connection established in 38 U.S.C. § 1116 and 38 C.F.R. §§ 3.307(a)(6) and 3.309(e) for diseases associated with herbicide exposure apply to both primary cancers and cancers resulting from metastasis?
HELD: Presumptive service connection may not be established under 38 U.S.C. § 1116 and 38 C.F.R. § 3.307(a) for a cancer listed <Page 6> in 38 C.F.R. § 3.309(e) as being associated with herbicide exposure, if the cancer developed as the result of metastasis of a cancer which is not associated with herbicide exposure. Evidence sufficient to support the conclusion that a cancer listed in section 3.309(e) resulted from metastasis of a cancer not associated with herbicide exposure will constitute “affirmative evidence” to rebut the presumption of service connection for purposes of 38 U.S.C. § 1113(a) and 38 C.F.R. § 3.307(d). Further, evidence that a veteran incurred a form of cancer which is a recognized cause, by means of metastasis, of a cancer listed in 38 C.F.R. § 3.309(e) between the date of separation from service and the date of onset of the cancer listed in section 3.309(e) may be sufficient, under 38 U.S.C. § 1113(a) and 38 C.F.R. § 3.307(d), to rebut the presumption of service connection. |
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