The Veteran's appeal is remanded due to a duty-to-assist error in the May 2021 VA respiratory conditions examination, which did not include a pulmonary functions test (PFT) despite the Veteran's complaints of shortness of breath.
The deciding factor: There was an inadequate duty-to-assist error as evidenced by the failure to perform a PFT due to incorrect fact that the Veteran has no SOB complaints.
- Claimed conditions
- Right upper lobectomy scar, Residuals of lung cancer
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- February 25, 2026
- Citation
- A26017061
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 A26017061.
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 Board denied service connection for residuals of testicular, prostate, and lung cancer as the conditions were not incurred during a period of ACDUTRA and are not related to any in-service injury or disease.
- Partly granted
The Board granted a 60 percent rating for residuals of lung cancer and denied a compensable rating for right lobectomy scars, while granting a separate 10 percent rating for painful right lobectomy scars.
- Remanded (sent back)
The Board remands the case for a new examination to assess the severity of the Veteran's residuals of lung cancer, as the previous examination was found inadequate by the Court.
- Partly granted
The Board granted service connection for residuals of lung cancer as secondary to the Veteran's service-connected asbestosis, interstitial lung disease. The claims for bilateral hearing loss and special monthly compensation were remanded for further development.
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