The veteran's surgery resulted in certain and foreseeable complications such as deformity of the chest wall, chronic pain, scoliosis, and loss of function due to pain. With resolution of reasonable doubt in her favor, she is entitled to compensation under 38 U.S.C.A. § 1151.
The deciding factor: The surgery resulted in certain and foreseeable complications such as deformity of the chest wall, chronic pain, scoliosis, and loss of function due to pain, which are seen in a significant portion of patients who needed such resections.
- Claimed conditions
- lung cancer, deformity of the chest wall, scoliosis, chronic pain in left upper extremity (T-1 territory), left neck, left thorax (ribs), left shoulder
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 5, 2003
- Citation
- 0330497
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 0330497.
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 Board granted service connection for the cause of the Veteran's death, finding that his lung cancer was related to his service-connected melanoma.
- Partly granted
The Board granted an effective date of December 12, 2023, for a 50 percent evaluation of bipolar disorder and remanded the other issues for further development.
- Dismissed
The appeal concerning the service connection for various conditions and the propriety of a rating reduction has been withdrawn by the Appellant.
- Remanded (sent back)
The Board remands the claims for service connection for right and left lower extremity neuropathy, as well as lung cancer, due to a need for further evidence through VA examinations.
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.