The Veteran's initial claim for a higher rating for residuals of lung cancer remains on appeal. The Board denied an increased rating, finding that the evidence did not support a rating higher than 10 percent for his service-connected lung cancer. For prostate cancer, beginning May 1, 2013, the Veteran was assigned a 40 percent disability rating due to voiding dysfunction.
The deciding factor: The VA examiner determined that FEV-1 is the most accurate measure of the Veteran's pulmonary function and concluded that it did not reflect any significant impact from his lung cancer surgery. The Veteran’s prostate cancer residuals were rated based on voiding dysfunction, which warranted a 40 percent disability rating.
- Claimed conditions
- Lung Cancer, Prostate Cancer
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 10%
- Decision date
- January 8, 2019
- Citation
- 19101559
What this means for you
A remand is not a loss. The Board sent the case back for more development — often a new exam or missing records — before making a final decision. Many remands later end in a grant, and the decision spells out exactly what the Board wanted to see.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Partly granted
The Board granted an effective date of March 15, 2023, for a 40 percent evaluation for service-connected prostate cancer and earlier dates for the awards of service connection for anterior and posterior trunk scars.
- Denied
The Board determined that the reduction in rating from 100 percent to 30 percent for service-connected lung cancer was proper, and restoration of the 100 percent rating is not warranted. The criteria for entitlement to special monthly compensation based on housebound status have also not been met.
- Remanded (sent back)
The Board remands the claims for service connection due to new and relevant evidence having been received since a previous denial.
- Partly granted
The Board granted service connection for obstructive sleep apnea (OSA) as secondary to the Veteran's service-connected disabilities. The claims for a heart disorder and prostate cancer were remanded.
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