The veteran's claim for an initial rating higher than 10 percent for service-connected residuals of non-small cell lung cancer is being remanded due to the failure to appear at a scheduled hearing.
The deciding factor: The veteran did not attend the scheduled videoconference hearing, and further action is required to ensure due process.
- Claimed conditions
- non-small cell lung cancer
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- December 13, 2006
- Citation
- 0638737
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 0638737.
What this means for you
A remand is not a loss. The Board sent the case back for more development — often a new exam or missing records — before making a final decision. Many remands later end in a grant, and the decision spells out exactly what the Board wanted to see.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Remanded (sent back)
The Board remands the claim for service connection for cause of death to correct a pre-decisional duty to assist error related to the Veteran's exposure to contaminated water at Camp Lejeune.
- Denied
The Board denied service connection for the Veteran's cause of death, which was non-small cell lung cancer.
- Remanded (sent back)
The Board has remanded the case due to insufficient evidence regarding the Veteran's lung disorder, diagnosed as COPD and non-small cell lung cancer. The VA must provide a medical examination or obtain a medical opinion to address the conflicting opinions from private physicians and assess whether the Veteran's current lung condition is related to service, including exposure to asbestos and Agent Orange.
- Remanded (sent back)
The Veteran's claims for a compensable evaluation for non-small cell lung cancer and an evaluation in excess of 20 percent disabling for service-connected diabetes mellitus, type II are being remanded due to the need for additional development.
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