The Board has remanded the Veteran's claims for a higher evaluation for his service-connected lung cancer residuals and for an initial compensable rating prior to January 24, 2020, as well as a rating in excess of 30 percent thereafter. The case is being returned due to inadequate examination reports.
The deciding factor: The VA examiner failed to conduct the requisite testing (PFTs) and provide a clear reason for not conducting such tests, which are necessary to evaluate the Veteran's service-connected condition accurately.
- Claimed conditions
- lung cancer residuals
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 11, 2023
- Citation
- 23001766
Veterans Law Judge
Decisions by this judge: 1,913 · Granted: 30% (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 23001766.
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.
- Remanded (sent back)
The Board has determined that the VA medical opinions are inadequate and remands the case for further clarification on whether the Veteran's service-connected disabilities have caused or aggravated his obstructive sleep apnea, including obesity.
- Remanded (sent back)
The Board has remanded the claims of service connection for prostate cancer residuals and lung cancer residuals due to procedural errors in the August 2022 rating decision.
- Partly granted
The 100 percent rating for lung cancer was discontinued effective November 1, 2024, as the Veteran's lung cancer is in remission and no longer active. The claim for a compensable disability rating for lung cancer residuals has been remanded.
- Denied
The Board denied service connection for lung cancer residuals, Parkinson's disease, neuropathy in the right and left lower extremities due to herbicide exposure, as well as special monthly compensation based on aid and attendance.
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