The Veteran's lung cancer was rated at 100% permanent, and the issues of special monthly compensation based on need for aid and attendance, increased rating for left foot disability, and increased rating for lumbar spine disability were pending at the time of his death. The appellant is granted as a substitute party for these issues.
The deciding factor: The Veteran's lung cancer was rated permanently at 100% due to ongoing VA examination and medical records indicating need for palliative care and hospice care, which raised the issue of special monthly compensation based on need for aid and attendance. The pending nature of the increased rating claims also supported substitution.
- Claimed conditions
- lung cancer, left foot disability with traumatic arthritis, hallux valgus, lumbar spine disability
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 100%
- Decision date
- December 22, 2021
- Citation
- A21020421
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 A21020421.
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.
- 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.
- Granted
The Board has granted service connection for a lumbar spine disability, left lower extremity radiculopathy, and right lower extremity radiculopathy as secondary to the Veteran's service-connected lumbar spine disability.
- Remanded (sent back)
The Board has decided to remand the claims for miscarriage, cervical spine disability, lumbar spine disability, and right elbow disability due to insufficient examination opinions and incomplete service history verification.
- Dismissed
The Board has dismissed the Veteran's claims for service connection for left knee disability, right knee disability, lumbar spine disability, and obstructive sleep apnea (OSA) as these issues have been addressed in a separate docket.
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