The Board has determined that the April 2003 rating decision denying service connection for squamous cell lung carcinoma with a history of left pneumonectomy was not clearly and unmistakably erroneous (CUE). The Veteran's disagreement with how the evidence was evaluated does not constitute a valid theory of entitlement to CUE.
The deciding factor: The Veteran's argument that the April 2003 rating decision misapplied the law relating to the presumption of service connection for lung cancer based on in-service herbicide exposure is not supported by the correct facts as they were known at the time, and does not constitute clear and unmistakable error.
- Claimed conditions
- squamous cell lung carcinoma, left pneumonectomy
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- July 17, 2017
- Citation
- 1727756
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 1727756.
What this means for you
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Related decisions
Other Board decisions on a similar condition or argued the same way.
- Granted
The Veteran's sarcoma of the left thigh and squamous cell lung carcinoma are granted as service connected.,Service connection is also granted for peripheral neuropathy of bilateral lower extremities secondary to the sarcoma of the left thigh. However, service connection for depression and anxiety secondary to these cancers is denied.
- Remanded (sent back)
The Board has remanded the case due to incomplete development and a need for a new VA examination by a pulmonologist. The Veteran's lung cancer residuals are being evaluated, and he is seeking service connection for cancer of the head or neck related to exposure to herbicide agents, contaminated water from Camp Lejeune, or as secondary to his lung cancer.
- Remanded (sent back)
The Board has decided to remand the case due to insufficient medical evidence regarding the Veteran's lung cancer residuals and their impact on his respiratory function.
- Granted
The Veteran's claim for service connection for squamous cell lung carcinoma was denied in April 2003 due to the RO incorrectly applying the presumption of herbicide exposure. The Court found that the RO erred in not requiring 'affirmative evidence to the contrary' and thus granted revision of the decision.
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