The Veteran's lung cancer status post right upper lobectomy is granted on a presumptive basis under the PACT Act, but service connection prior to August 10, 2022 requires further review.
The deciding factor: Service connection for lung cancer status post right upper lobectomy is granted due to the PACT Act's expansion of presumptions of service connection for diseases associated with exposures to burn pits and other toxins (BPOT).
- Claimed conditions
- lung cancer status post right upper lobectomy
- How they argued it
- Presumptive (no nexus needed)
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- December 5, 2024
- Citation
- A24081047
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 A24081047.
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 lung cancer status post right upper lobectomy was rated at 30 percent from December 30, 2013 to April 11, 2016. The rating is denied for periods prior and after this date.
- Granted
The Board of Veterans' Appeals has granted service connection for PTSD and Mood Disorders, both presumed conditions under the PACT Act.
- Dismissed
The Veteran's claim for an earlier effective date for diabetes mellitus type II with erectile dysfunction was denied as the evidence did not show that he had been diagnosed and manifested to at least a 10 percent disability rating on or prior to May 8, 2001.
- Granted
Service connection for Posttraumatic Stress Disorder (PTSD) is granted. The appeal as to the issue of entitlement to service connection for erectile dysfunction is dismissed.
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