Lung cancer decisions — 2000

The veteran's death was caused by lung cancer, which is presumed to be related to his service-connected prostate cancer. The appellant is eligible for Dependents' Educational Assistance.

The Board has determined that the veteran's lung cancer, which caused his death in June 1996, was present within the presumptive period after his last exposure to herbicides in Vietnam. The claim for service connection for the cause of the veteran's death is therefore granted.

The veteran's cause of death was listed as lung cancer, which the appellant claimed was caused by his service-connected anxiety disorder. However, the Board found that there is no evidence to support a link between the veteran's service and his lung cancer, nor does the law allow for service connection in this case due to the prohibition on compensation for diseases or deaths resulting from tobacco use.

The Board has determined that new and material evidence has not been presented to reopen the claim for service connection for the cause of the veteran's death. The appellant is seeking to have her claim reopened based on newly submitted evidence, but the RO did not provide any relevant medical records from the Houston VAMC.

The veteran's claim for an earlier effective date for service connection for lung cancer and metastases of lung cancer was denied as the claim was filed after the regulatory change allowing for presumptive service connection based on Agent Orange exposure.

The Board denied the appellant's claim for basic eligibility for VA death benefits because her deceased husband did not have active military service in the United States Armed Forces.

The Board found that the veteran's death was not caused by his service-connected discoid lupus erythematous, and thus denied the claim for service connection for the cause of the veteran's death.

The Board has determined that the preponderance of evidence is against the appellant's claim, as lung cancer was not present in service or within a year after service. The VA physician concluded it was unlikely that the veteran's skin cancers metastasized to his lung cancer, and thus service connection for the cause of death is denied.

The Board found that the veteran's lung disabilities, including chronic obstructive pulmonary disease, lung cancer, and emphysema, were not service-connected. The cause of death was attributed to these conditions rather than a service-connected disability. Service connection for radiation exposure or asbestos exposure could not be established due to lack of evidence.

The veteran's death was due to lung cancer, which is a respiratory cancer that can be presumed to have been caused by exposure to herbicide agents like Agent Orange. The effective date for dependency and indemnity compensation is set at December 29, 1988, the date of her original claim.

The Board found that the veteran's lung cancer was not caused by asbestos exposure in service, and thus denied his claim for service connection.

The veteran's cause of death was determined to be service-connected due to the Agent Orange Act of 1991, and educational assistance benefits were awarded but not retroactive to before April 16, 1996.

The Board denied the claim for an effective date earlier than February 24, 1996, for service connection for the cause of the veteran's death due to a lack of evidence showing that the appellant filed a claim prior to February 1997. The effective date granted was February 24, 1996.

The Board found the appellant's claim well grounded, but additional development is needed to determine if the veteran was exposed to herbicides and if his lung cancer was related to service. The RO must obtain private treatment records from Dr. Donald Peterson and Charles L. Dupin, and provide a VA oncologist with an opinion on the primary site of the veteran's cancer.

The veteran's service-connected lung cancer is restored to a 100% disability evaluation, effective from the date of this decision. The claim for TDIU due to service-connected disability is moot as he already has a 100% schedular rating.

The veteran's death was caused by non-small cell lung cancer, which the VA does not consider service-connected. The claim for service connection is denied.

The Board has determined that the appellant's claim for service connection for the cause of death due to asbestos exposure is well-grounded and grants the claim.

The Board denied the claim of service connection for the cause of the veteran's death, finding no competent medical evidence linking the cause to his period of active service.

The Board has determined that the claim of entitlement to service connection for the cause of the veteran's death as secondary to herbicides including Agent Orange exposure is well grounded and granted.

The Board denied the claim for service connection for the cause of death due to lung cancer secondary to exposure to hazardous cargo and chemicals, finding no evidence linking the veteran's lung cancer to his military service.