The veteran's claim for service connection for carcinoma of the lung, claimed as a result of Agent Orange exposure, is being remanded due to potential errors in application of regulations and VCAA requirements.
The deciding factor: The RO may have denied the appellant's claim on an erroneous basis regarding the prohibition of benefits for respiratory cancers diagnosed more than 30 years following service in Vietnam.
- Claimed conditions
- carcinoma of the lung
- How they argued it
- Direct service connection
- Exposure basis
- Agent Orange / herbicides
- Rating
- Not verified here — check the original decision
- Decision date
- February 10, 2005
- Citation
- 0503538
Veterans Law Judge
Decisions by this judge: 3,038 · Granted: 30% (granted or partly granted, in the indexed decisions on this site)
Judge attribution: 2025 complete; earlier years partial.
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. Search VA.gov for the original decision (opens in a new tab) using citation 0503538.
What this means for you
A remand sends an issue back for more development, often a new examination or missing records. It does not award the benefit or decide the final outcome. The original decision explains the additional work ordered.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Denied
The Veteran's death was not due to a service-connected disability, and the Board denied entitlement to service connection for the cause of his death.
- Remanded (sent back)
The Veteran is requesting that the AOJ adjudicate whether revision of a March 2006 rating decision which awarded a 100 percent disability rating for carcinoma of the liver and carcinoma of the lung, resulting in the continuation of SMC (L) for aid and attendance, is warranted due to clear and unmistakable error. The Board finds this constitutes pre-decisional error and remands the matter.
- Remanded (sent back)
The Board has remanded the case due to a need for additional medical opinions regarding the Veteran's lung cancer and death, specifically related to his exposure at Camp Lejeune.
- Denied
The Veteran's claim for a higher disability rating for his service-connected carcinoma of the lung with post-operative right upper lobectomy and COPD was denied as his FEV-1/FVC readings were not less than 55 percent, which is required for a higher rating.
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