The Veteran's claims for restoration of a 100% rating for squamous cell carcinoma of the lungs and special monthly compensation based on total service-connected disability with additional service-connected disabilities independently ratable as 60 percent are being remanded due to the need for further medical records regarding his lung cancer treatment.
The deciding factor: Further medical records from private facilities since March 2006 are needed to determine if there has been a recurrence of the Veteran's lung cancer and the dates of any antineoplastic therapy.
- Claimed conditions
- squamous cell carcinoma of the lungs
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- December 2, 2009
- Citation
- 0945854
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 0945854.
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 has decided to remand the case due to a need for clarification on whether the Veteran's lung cancer is primary or metastatic from his oral cavity, and if it is metastatic, to determine its etiology related to in-service herbicide exposure.
- Granted
The Veteran's lung disability, including squamous cell carcinoma of the lungs and residual scarring of the right lung, is presumed to be related to his military herbicide exposure. The Veteran's right lung residual scars are also considered secondary to his service-connected squamous cell carcinoma.
- Granted
The Board has restored the Veteran's 100 percent rating for squamous cell carcinoma of the lungs status post right lower lobe lobectomy, and has remanded to determine service connection for residuals of lung cancer.
- Remanded (sent back)
The Board has decided to remand the case due to insufficient evidence regarding the Veteran's exposure to asbestos and potential herbicide exposure during service, as well as his service in Vietnam. The case will be reviewed again with these issues addressed.
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