The Board denied compensation under 38 U.S.C. § 1151 for VA's failure to diagnose the Veteran with metastatic lung cancer, finding that the evidence did not show that VA failed to diagnose or treat the Veteran’s lung cancer.
The deciding factor: The VA examiner concluded that although the Veteran did not receive the recommended CT scan of the chest for the right lung apex lesion, the area was not suspect for a lesion consistent with cancer as it turned out to be scar tissue. The new abnormality revealed in the September 17, 2014 chest x-ray was consistent with lung cancer.
- Claimed conditions
- metastatic lung cancer
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 29, 2019
- Citation
- 19106480
What this means for you
A denial is a starting point, not the end of the road. You can see why this claim fell short — and, if you are still inside the one-year window, the appeal lanes that may remain open to you.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Remanded (sent back)
The Board remands the service connection claims for various cancers and eye conditions due to an alleged failure to properly investigate toxic exposures during service, including at Fort Wainwright.
- Remanded (sent back)
The Board remands the claim for service connection for the cause of the Veteran's death to obtain additional evidence and a medical opinion.
- Remanded (sent back)
The Board has remanded the case due to insufficient medical opinions regarding the etiology of the Veteran's death and its contributory causes. The appellant must provide additional evidence from a VA examiner.
- Granted
The Veteran's cause of death is granted due to metastatic lung cancer presumed related to herbicide exposure.,Service connection for diabetes mellitus type II is granted on a presumptive basis due to herbicide exposure during service.
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