The Veteran's claim for a compensable rating for residuals of left lung lower lobectomy and scars related to the procedure is remanded due to duty-to-assist errors. The initial rating of 100% for residuals of lung cancer prior to October 11, 2019, remains granted.
The deciding factor: The VA examination was performed three months earlier than required by the applicable rating criteria and PFTs were not conducted, leading to a duty-to-assist error.
- Claimed conditions
- non-small cell lung cancer, residuals of left lung lower lobectomy
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 100%
- Decision date
- November 5, 2021
- Citation
- A21017941
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 A21017941.
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
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Dismissed
The Veteran's appeals for service connection were dismissed due to their death. The claims for adjustment disorder with depressed mood and alcohol use disorder in early remission, as well as non-small cell lung cancer, are now closed.
- Dismissed
Your appeal for service connection for non-small cell lung cancer has been dismissed because the appellant died during the pendency of your appeal.
- Remanded (sent back)
The Board remands the claim for service connection for cause of death to correct a pre-decisional duty to assist error related to the Veteran's exposure to contaminated water at Camp Lejeune.
- Partly granted
The Board granted an effective date of April 17, 1968 for the establishment of service connection for TBI and headaches, and granted service connection for cause of death.
Free starter guide for your own claim
Reading this because you were denied or under-rated? Get the plain-English next steps — your appeal options, the deadline that protects you, and how appeals like yours turn out. One email, no spam.
We will only use this to send the guide. No spam, unsubscribe any time. We never sell your information.
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.