The Veteran's appeal for a rating in excess of 30 percent for lung cancer with chronic obstructive pulmonary disease is dismissed.,A rating of 70 percent, but no higher, has been granted for Major depressive disorder (MDD).
The deciding factor: The Veteran's MDD caused occupational and social impairment with deficiencies in most areas, warranting a 70% disability rating. Lung cancer was not reviewed due to jurisdictional issues.
- Claimed conditions
- Lung cancer, Major depressive disorder (MDD)
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 30%
- Decision date
- November 3, 2022
- Citation
- A22022268
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 A22022268.
What this means for you
A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot. It says more about procedure than about whether a claim like this can win.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Granted
The Board has determined that the Veteran's service-connected Major Depressive Disorder contributed to his death from a Cerebral Vascular Accident (CVA). The claim for service connection for the cause of the Veteran's death is therefore granted.
- Granted
The Veteran's headache disability is granted as service-connected. The left foot condition and lung cancer claims are remanded due to the need for additional medical opinions.
- Remanded (sent back)
The Board has remanded the case due to insufficient medical opinions regarding the Veteran's acquired psychiatric disorders and their relationship to service.
- Remanded (sent back)
The Board has decided to remand the case due to errors in verifying the Veteran's claimed stressors and developing his claim for a psychiatric disability other than PTSD. The Veteran will be asked to provide more details about the events he witnessed during service, and a VA examination will be scheduled to determine if any diagnosed conditions are related to service.
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