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 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 the Veteran's claim for service connection for a back condition, including degenerative disc disease and scoliosis, due to lack of current disability evidence.
- Remanded (sent back)
The Board has decided to remand the case due to a need for further evaluation of the Veteran's lung cancer and its relationship to service, including any in-service granuloma.
- Dismissed
The Board has vacated its decisions granting service connection for lung cancer and remanding issues of tinnitus and TDIU, but the Veteran's death means these appeals are dismissed.
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