The Veteran's service-connected disabilities did not render him unable to secure or follow a substantially gainful occupation from December 31, 2015 to June 5, 2019. From June 5, 2019, the Veteran was in receipt of a 100% rating for lung cancer and SMC based on his additional service-connected disabilities.
The deciding factor: The Veteran's service-connected conditions did not prevent him from securing or following a substantially gainful occupation during the relevant period on appeal.
- Claimed conditions
- lung cancer, obstructive sleep apnea, arthritis of the spine with intervertebral disc syndrome (IVDS), diffuse tendinopathy with labral degenerative disease of the left shoulder, hallux valgus, nephrolithiasis with stage II kidney disease, scars status post-surgery of the left leg, cubital tunnel syndrome of the right elbow, right lower extremity radiculopathy, left lower extremity radiculopathy
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 60%
- Decision date
- January 28, 2021
- Citation
- 21004787
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 21004787.
What this means for you
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What you can do next
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.
- Denied
The Board denied the Veteran's claim for service connection for obstructive sleep apnea, finding that there is no competent evidence to support a finding that his current condition began in or as a result of service.
- Denied
The Board of Veterans' Appeals (BVA) has denied the Veteran's claim for service connection for obstructive sleep apnea as there is no current diagnosis of this condition during the appeal period.
- Denied
The Board denied the Veteran's claims for service connection for obstructive sleep apnea, peripheral neuropathy of the bilateral upper extremities, and peripheral neuropathy of the bilateral lower extremities, finding that there was no evidence linking these conditions to his active service or any related exposure.
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