The Veteran's appeal for a higher disability rating for lung cancer residuals was pending at the time of his death. His April 2005 pulmonary function test results supported an award of a 60 percent disability rating, which is granted as accrued benefits.
The deciding factor: The Veteran had a pending appeal for a higher disability rating for lung cancer residuals when he died, and his April 2005 pulmonary function test results supported the requested increase to 60 percent.
- Claimed conditions
- {"conditionName":"Post-surgical residuals of lung cancer"}, {"conditionName":"Coronary artery disease"}, {"conditionName":"Hypertension"}, {"conditionName":"Peripheral neuropathy, secondary to service-connected diabetes mellitus"}, {"conditionName":"Post-traumatic stress disorder (PTSD)"}, {"conditionName":"Bilateral hearing loss"}
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 60%
- Decision date
- February 2, 2010
- Citation
- 1004861
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 1004861.
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.
- Denied
The Board denied the Veteran's claims for service connection for hypertension and an increased rating for her right inguinal hernia scar. The Veteran's hypertension was not found to be related to active duty or a service-connected disability, and there is no evidence of hypertension within one year of separation from service. The reduction in the disability rating for the hernia scar was deemed proper.
- Denied
The Veteran's claim for chloracne, high cholesterol, headache disability, hypertension, and blood clots is denied as there is no current diagnosis of any of these conditions.,The Veteran's exposure to herbicide agents during service has not been established.
- Denied
The Veteran's claims for service connection for a skin disorder, hypertension, gastroesophageal reflux disease (GERD), headaches, diabetes mellitus, and peripheral neuropathy of the lower extremities have been denied. The Board found that new evidence did not reopen the claim for a skin disorder, and that there was no nexus between any of these conditions and service or a service-connected disability.,The Veteran's diabetes mellitus has not required regulation of activities due to its severity.
- Remanded (sent back)
The Veteran's claims for service connection for hypertension and erectile dysfunction are being remanded due to the need for additional medical opinions regarding the etiology of these conditions.
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