The reduction in rating for lung cancer was not proper, and the restoration of a 100% rating is granted. The discontinuance of compensation for special monthly compensation (SMC) at the housebound rate is restored.,The claim for a compensable rating for lung cancer is rendered moot due to the restoration of the 100% rating.
The deciding factor: The reduction in rating was not based on an improvement in the Veteran's ability to function under ordinary conditions, as required by regulation.
- Claimed conditions
- Lung Cancer
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 100%
- Decision date
- October 6, 2020
- Citation
- 20064980
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.
- 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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