The Veteran is requesting that the AOJ adjudicate whether revision of a March 2006 rating decision which awarded a 100 percent disability rating for carcinoma of the liver and carcinoma of the lung, resulting in the continuation of SMC (L) for aid and attendance, is warranted due to clear and unmistakable error. The Board finds this constitutes pre-decisional error and remands the matter.
The deciding factor: The March 2006 rating decision was not addressed by the AOJ in the current appeal.
- Claimed conditions
- carcinoma of the liver, carcinoma of the lung
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- August 8, 2024
- Citation
- A24045042
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 A24045042.
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.
- Denied
The Veteran's death was not due to a service-connected disability, and the Board denied entitlement to service connection for the cause of his death.
- Remanded (sent back)
The Board has remanded the case due to a need for additional medical opinions regarding the Veteran's lung cancer and death, specifically related to his exposure at Camp Lejeune.
- Denied
The Veteran's claim for a higher disability rating for his service-connected carcinoma of the lung with post-operative right upper lobectomy and COPD was denied as his FEV-1/FVC readings were not less than 55 percent, which is required for a higher rating.
- Denied
The Board denied service connection for the causes of death (carcinoma of the lung and hypertensive cardiovascular disease) as they are not related to service or service-connected disabilities.
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