Lung cancer decisions — 2000

The Board denied the claim for service connection for the cause of the veteran's death as not well grounded, due to lack of competent medical evidence linking lung cancer to active service or a service-connected disability.

The Board has determined that the veteran's death was due to leiomyosarcoma, which is presumed to have been incurred during his military service. As a result, the claim for service connection for the cause of the veteran's death is granted.

The veteran's claim for an earlier effective date for service connection of primary lung cancer, status post left pneumonectomy and thoracotomy was denied as the earliest effective date assignable is May 29, 1997.

The veteran was granted special monthly compensation based on the need for aid and attendance effective from December 8, 1996. The appellant submitted an application for accrued benefits within one year of the veteran's death.

The veteran died of lung cancer, which is not service-connected due to lack of evidence showing it was incurred or aggravated prior to August 13, 1981. The claim for benefits under the Restored Entitlement Program for Survivors is denied.

The Board denied the veteran's claims for service connection for lung cancer and dependency and indemnity compensation (DIC) under 38 U.S.C.A. § 1318, finding that there was no competent medical evidence to support the claim of nicotine dependence or tobacco use in service causing his death.

The Board has determined that the veteran's death was not caused by his service-connected disabilities, and thus denied the claim for service connection for the cause of death.

The veteran's appeal on the issue of a rating in excess of 30 percent for lung cancer has been dismissed due to his death.

The Board has determined that there is no evidence to support the claim of service connection for the cause of the veteran's death, as the lung cancer was not caused by any service-connected condition.

The Board denied the claim of service connection for the cause of the veteran's death due to lung cancer as a direct result of tobacco use in service or nicotine dependence that began in military service, finding no medical evidence showing the veteran became nicotine dependent during service or that smoking during service was the proximate cause of his smoking-related illness.

The Board denied the claim of service connection for the cause of the veteran's death due to insufficient evidence linking the cause of death (lung cancer) to a service-connected condition or nicotine dependence linked to service.

The VA determined that the cause of the veteran's death was not related to his service or any service-connected disability, and thus denied both the claim for service connection for the cause of death and the Dependent's Educational Assistance.

The Board has determined that an effective date of August 31, 1988 for the award of service connection for lung cancer is warranted.

The veteran is seeking SMC for loss of use of a hand. The claims for service connection for lung cancer and loss of teeth due to radiation exposure are being remanded.,The claim for service connection for lung cancer has been deferred pending regulatory changes. The claim for service connection for loss of teeth on the basis of direct incurrence is also being remanded.,The claim for service connection for loss of teeth on the basis of radiation exposure is being remanded.

The Board denied service connection for lung cancer and loss of teeth due to inservice exposure to ionizing radiation, finding no clear and unmistakable error in the original decisions.

The Board found that the claim for service connection for the cause of death due to tobacco use and nicotine dependence is not well-grounded, as there is no competent medical evidence showing nicotine dependence arose during active duty or a relationship between in-service smoking and subsequent lung disease.

The Board found that the appellant's claims for service connection and benefits under 38 U.S.C.A. § 1151 were not well grounded due to lack of competent medical evidence linking the cause of the veteran's death to an incident of service or a service-connected disability.

The Board found that the veteran's death was due to a service-connected disability, specifically chronic bronchitis which began during active service and contributed to his lung cancer.

The Board denied the claim of service connection for the cause of the veteran's death due to lung cancer as a direct result of tobacco use in service or nicotine dependence that began in military service, finding no medical evidence showing nicotine dependence during service or that smoking during service was the proximate cause of the cancer.

The Board found that the veteran's death was not caused by a service-connected disability and denied both the claim for service connection for the cause of death and the dependents' educational assistance benefits.