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. Read the original VA decision (opens in a new tab) using citation A26017061.
What this means for you
A remand sends an issue back for more development, often a new examination or missing records. It does not award the benefit or decide the final outcome. The original decision explains the additional work ordered.
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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