The Board has remanded the Veteran's claims for an initial rating in excess of 60 percent for Stage I non-small cell lung cancer status post resection and entitlement to a total disability rating based on individual unemployability (TDIU) due to inadequate examination reports and outstanding private treatment records.
The deciding factor: The Board found that the June 2020 VA examination report was inadequate as it did not include an examination of the Veteran, and there has been no substantial compliance with the May 2020 remand directives. The Veteran's claims file should be updated to obtain outstanding private treatment records and a new VA examination should be scheduled.
- Claimed conditions
- Stage I non-small cell lung cancer status post resection
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 29, 2020
- Citation
- 20070404
Veterans Law Judge
Decisions by this judge: 1,350 · Granted: 26% (granted or partly granted, in the vetted decisions on this site)
Judge attribution: 2025 complete; earlier years partial.
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 20070404.
What this means for you
A remand is not a loss. The Board sent the case back for more development — often a new exam or missing records — before making a final decision. Many remands later end in a grant, and the decision spells out exactly what the Board wanted to see.
What you can do next
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