The Veteran's surviving spouse is seeking an earlier effective date for DIC benefits, which were initially awarded on January 1, 2001. The appeal is being remanded to consider whether there was clear and unmistakable error in the November 2003 decision awarding DIC benefits.
The deciding factor: The claim involves a dispute over an earlier effective date for DIC benefits due to potential CUE in the November 2003 decision.
- Claimed conditions
- carcinoma of the lung
- How they argued it
- Presumptive (no nexus needed)
- Exposure basis
- Agent Orange / herbicides
- Rating
- Not verified here — check the original decision
- Decision date
- February 4, 2010
- Citation
- 1005207
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 1005207.
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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