The Veteran's initial claim for service connection of his lung disability was granted, and he is now receiving a 100% rating effective June 1, 2010. Additionally, the Veteran has been awarded SMC effective August 4, 2013.
The deciding factor: The Veteran’s lung disability required outpatient oxygen therapy throughout the appeal period and met the criteria for a 100% rating under Diagnostic Code 6603 as of June 1, 2010. The additional service-connected disabilities (coronary artery disease, bilateral hearing loss, tinnitus) independently rated at 60% or more as of August 4, 2013, met the criteria for SMC under 38 U.S.C. § 1114(s).
- Claimed conditions
- lung cancer, lobotomy right lung, emphysema
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 100%
- Decision date
- June 19, 2019
- Citation
- 19148101
Veterans Law Judge
Decisions by this judge: 880 · Granted: 26% (granted or partly granted, in the vetted decisions on this site)
Judge attribution: 2025 complete; earlier years partial.
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 19148101.
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.
- Granted
The Veteran's claim for a higher evaluation of his service-connected chronic fatigue and weakness due to chemotherapy and radiation treatment for lung cancer is granted, with an evaluation of 60 percent.,The Veteran's claim for a compensable rating for residuals of lung cancer from May 1, 2005 is denied.
- Remanded (sent back)
The Board has decided to remand the case due to a need for further evaluation of the Veteran's lung cancer and its relationship to service, including any in-service granuloma.
- Remanded (sent back)
The Veteran's lung condition, including pneumonia residuals, COPD, and emphysema, is remanded for further examination to determine if they are related to his military service. The appeal is reopened based on new evidence.
- Dismissed
The Board has vacated its decisions granting service connection for lung cancer and remanding issues of tinnitus and TDIU, but the Veteran's death means these appeals are dismissed.
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