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
- Not verified here — check the original decision
- 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. Read the original VA decision (opens in a new tab) using citation 1004861.
What this means for you
A grant means the Board allowed the benefit or issue identified in this decision. Review the original order: other issues in the same appeal may have a different outcome, and this decision does not predict another claim.
What you can do next
Use your own notice and decision stage. A remanded issue is not a final court-appealable denial. VA review guidance and CAVC filing instructions (U.S. federal; reviewed October 7, 2026).
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Whole decision: 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.
- Whole decision: 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.
- Whole decision: 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.
- Whole decision: 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.
Free starter guide for your own claim
Reading this because you were denied or under-rated? Get the plain-English next steps — your appeal options, the deadline that protects you, and how appeals like yours turn out. One email, no spam.
We will only use this to send the guide. No spam, unsubscribe any time. We never sell your information.
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.