The Board denied the claim for clear and unmistakable error (CUE) in the December 2013 rating decision assigning a 100 percent rating for service-connected lung cancer effective August 7, 2013. The correct facts as they were known at that time were not disputed, and the RO applied the correct regulations.
The deciding factor: The Board found no clear and unmistakable error in the December 2013 rating decision because there was no evidence of record to support a finding that the Veteran's lung cancer was not in remission prior to August 7, 2013. The RO correctly applied the effective date based on the date of claim.
- Claimed conditions
- Lung Cancer
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 100%
- Decision date
- August 21, 2019
- Citation
- 19164755
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 19164755.
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.
- 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.
- Granted
The Board granted service connection for chronic obstructive pulmonary disease (COPD), bladder cancer, and lung cancer as secondary to the Veteran's in-service asbestos exposure.
- Granted
The Board granted an effective date of August 26, 2010 for the award of a 30 percent evaluation for COPD, asbestosis, and lung cancer.
- Denied
The Board denied the claims for increased disability evaluations and effective dates, as well as dismissed the claims related to lung cancer and SMC on housebound status.
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