The Board denied the Veteran's claims for compensation under 38 U.S.C. § 1151 for misdiagnosis of lung cancer and secondary service connection for a lung disability and an acquired psychiatric disorder, including depression. The Board found that VA did not fail to diagnose or treat the Veteran’s preexisting lung cancer, and there was no additional disability as a result of the August 2016 surgery.
The deciding factor: The Board determined that the Veteran's lung cancer was misdiagnosed and treated improperly, but concluded that this did not meet the criteria for compensation under 38 U.S.C. § 1151 due to lack of additional disability. The secondary service connection claim was also denied as there was no underlying condition established.
- Claimed conditions
- lung cancer, depression
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- September 12, 2019
- Citation
- 19170427
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 19170427.
What this means for you
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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 remanded the case for additional development, including obtaining in-service psychiatric treatment records and scheduling a VA examination to determine the nature and etiology of any acquired psychiatric disorder.
- Denied
The Veteran's depression was rated at 50 percent prior to July 1, 2016. The Board found that the evidence did not support a higher rating due to occupational and social impairment with reduced reliability and productivity. For TDIU, the Veteran had multiple service-connected disabilities but his education and work experience were sufficient for sedentary or light labor employment.
- Granted
The Veteran's depression was rated at 50 percent prior to September 27, 2017. From September 27, 2017, the rating for depression increased to 70 percent.
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