The Veteran's appeal for increased disability ratings for non-small cell carcinoma of the right upper lung, status post right thoracotomy, with lobectomy, sleeve resection of right main stem bronchus, lymph node resection, and intercostal muscle flap has been dismissed due to the Veteran's withdrawal.
The deciding factor: The Veteran withdrew their appeal prior to the Board's decision being promulgated.
- Claimed conditions
- non-small cell carcinoma of the right upper lung, right thoracotomy, lobectomy, sleeve resection of right main stem bronchus, lymph node resection, intercostal muscle flap
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- April 23, 2024
- Citation
- 24017181
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 24017181.
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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.
- Denied
The Veteran's cause of death was listed as sepsis, intestinal obstruction, pneumonia, and chronic obstructive pulmonary disease. The Board found no evidence linking these conditions to his ACDUTRA service.
- Granted
The Veteran's service-connected residuals of lung cancer, status-post left upper lobe lobectomy are granted a 60 percent rating from February 1, 2017 to May 2, 2022.
- Granted
The Veteran's lung cancer with post-surgical residuals of lobectomy was rated at 100% from April 12, 2007 to December 20, 2008. From December 20, 2008, a rating in excess of 30% is denied.
- Denied
The Board denied an earlier effective date for the grant of service connection for lung cancer, finding that no claim was filed prior to December 31, 2009.
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.