Partly grantedPACT Act
The Board granted earlier effective dates for the service connection of various conditions related to lung cancer, including scars, pain, and hearing loss, but denied an earlier effective date for non-small cell lung cancer itself.
The deciding factor: The evidence supported that the Veteran's claimed conditions were reasonably within the scope of her service-connection claim for lung cancer at the time of the AOJ decision on appeal, thus allowing for earlier effective dates.
- Claimed conditions
- chronic cough and shortness of breath, right thoracotomy scar, right supraclavicular scar, dysphonia, right post thoracotomy residuals, including posterior and anterior thoracic pain with removal of right ribs 1-4, right upper extremity paresthesia, painful scar, posterior right thoracotomy, right shoulder strain and post-surgical residual pain, bilateral hearing loss
- How they argued it
- Presumptive (no nexus needed)
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 4, 2025
- Citation
- A25095582
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