The Board has determined that the Veteran's loss of the entire right lung is due to VA's delay in detecting a malignant tumor, which resulted in more extensive surgery than necessary. The Board finds it at least as likely as not that this additional disability was caused by carelessness or negligence on the part of VA medical providers.
The deciding factor: The expert opinions indicate that if VA had ordered a chest X-ray earlier, the lung cancer would have been detected sooner and less extensive surgery may have been required.
- Claimed conditions
- Lung Cancer
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- June 6, 2012
- Citation
- 1219901
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 1219901.
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 Veteran's cause of death, lung cancer, was not related to his active duty service and therefore service connection for the cause of death is denied.
- Granted
The Veteran's claim of service connection for GERD has been readjudicated due to the submission of relevant new evidence.,The Veteran's claims of service connection for bilateral eye condition, headaches, low back condition, lung cancer, and Parkinson's disease with tremors have also been readjudicated due to the submission of relevant new evidence.
- Remanded (sent back)
The Veteran's eligibility for the VA Program of Comprehensive Assistance for Family Caregivers (PCAFC) was remanded due to inadequate medical opinion and insufficient notice. The Board found that the Veteran required personal care services due to his chronic conditions, including lymphoma, congestive heart failure, lung cancer, and decreased mobility.
- Remanded (sent back)
The Board has remanded the case due to inadequate rationale in a previous VA examination and missing records. The claim will be reconsidered with new evidence.
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