The Veteran's appeal for a disability rating in excess of 30 percent for residuals of lung cancer has been dismissed due to his withdrawal of the appeal. The issue of entitlement to TDIU prior to February 25, 2010 is also dismissed as it is ancillary to the main claim.
The deciding factor: The Veteran withdrew his appeal regarding a disability rating in excess of 30 percent for residuals of lung cancer.
- Claimed conditions
- residuals of lung cancer
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- December 9, 2019
- Citation
- 19192163
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 19192163.
What this means for you
A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot. It says more about procedure than about whether a claim like this can win.
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 claims for service connection and TDIU due to a pre-decisional duty to assist error regarding SSA records.
- Remanded (sent back)
The Board remands the issue of entitlement to service connection for residuals of lung cancer due to inadequate medical opinions regarding the relationship between in-service asbestos exposure and the development of lung cancer.
- Partly granted
The Board granted an earlier effective date for diabetes mellitus type II and service connection for GERD, while denying increased ratings for lung cancer, hypertension, and hearing loss, among other issues.
- Remanded (sent back)
The Board remanded the veteran's claim for individual unemployability due to errors in obtaining necessary medical opinions and records. The veteran will undergo further examination.
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