The Veteran's appeals for increased ratings and SMC were dismissed due to his withdrawal of the claims. The Board found that prior to January 10, 2014, he did not meet criteria for a higher rating for chemo-induced asthma. From January 10, 2014, to January 31, 2018, he met criteria for a 100% rating for lung cancer.
The deciding factor: The Veteran's respiratory disability was in remission and did not meet the criteria for higher ratings under Diagnostic Codes 6602 or 6819.
- Claimed conditions
- Chemo-induced asthma, Lung cancer
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 23, 2020
- Citation
- 20005428
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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 claim for a medical opinion regarding the etiology of the Veteran's liver, lung, brain, and bone cancers in relation to his service, including exposure to contaminated water at Camp Lejeune.
- Remanded (sent back)
The Board remands the claims for service connection for COPD, congestive heart failure, coronary artery disease, lung cancer, thyroid cancer, and hypertension due to inadequate medical opinions.
- Granted
The Board granted service connection for the cause of death, finding that toxic exposure during service contributed substantially or materially to the Veteran's cause of death.
- Denied
The Board denied service connection for the cause of the Veteran's death, finding that there was not persuasive evidence linking his lung cancer to his military service.
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This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.