The Veteran's lung disability, which includes both service-connected lung cancer and non-service-connected fibrosis, has resulted in FEV-1 percentages between 40 and 48 percent predicted post-bronchodilator. The Board granted a 60% initial disability rating for the lung disability from October 1, 2017.
The deciding factor: The VA examiner could not differentiate the symptoms of the service-connected lung cancer from those of the non-service-connected fibrosis, and all PFTs showed FEV-1 percentages between 40 and 48 percent predicted post-bronchodilator.
- Claimed conditions
- lung cancer, fibrosis
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 60%
- Decision date
- April 17, 2019
- Citation
- 19130356
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.
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- Remanded (sent back)
The Board remands the claim for an adequate medical opinion regarding the Veteran's cause of death, including lung cancer and cardio-pulmonary arrest, to address in-service toxic exposures.
- Dismissed
The Board dismissed the veteran's appeals for service connection for various conditions due to a lack of jurisdiction over the claims.
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