The Board remands the appeal for an initial compensable evaluation prior to January 24, 2020, and a rating in excess of 30 percent thereafter, for lung cancer residuals due to an inadequate VA examination.
The deciding factor: The November 2020 VA examiner failed to conduct necessary testing and provide a full history, making the examination inadequate for evaluation purposes.
- 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
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.
- 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rating for lung cancer was discontinued effective November 1, 2024, as the Veteran's lung cancer is in remission and no longer active.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.
- Remanded (sent back)
The Board remands the claims for an increased disability rating for lung cancer residuals and entitlement to a TDIU due to service-connected disabilities, as multiple pre-decisional duty to assist errors have occurred.
- Remanded (sent back)
The Board remands the Veteran's claim for an increased rating for lung cancer residuals due to inadequate examination and need for a more comprehensive evaluation of all respiratory conditions.
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.