Lung cancer decisions — 2000

The Board has determined that the veteran's claims for service connection for heart disability and lung cancer due to tobacco use in service or secondary to nicotine dependence are not well-grounded.

The veteran's claim for service connection for lung cancer was denied because the appeal is moot due to his death.

The Board denied the veteran's claim for service connection for lung cancer, finding that there was no evidence of a direct relationship between his military service and the development of lung cancer. The Board also found that any potential secondary or aggravation claims were not well-grounded due to lack of medical evidence linking nicotine dependence or asbestos exposure to the veteran's condition.

The Board denied the appellant's claim for a retroactive award of educational assistance benefits under Chapter 35 of Title 38, United States Code, for the period during which he pursued a bachelor's degree between January 1990 and May 1993.

The Board denied the veteran's claim for service connection for infiltrating ductal carcinoma of the left breast, claimed as lung cancer, secondary to exposure to Agent Orange. The claim was found not well-grounded.

The Board denied the veteran's claim for service connection for lung cancer of the right upper lobe due to radiation exposure, finding that the preponderance of evidence was against his claim.

The Board found that there is no competent medical evidence linking the veteran's death to service-connected conditions or any exposure basis, and thus denied the claim for service connection for the cause of the veteran's death.

The Board has determined that the veteran's claim for compensation benefits for postoperative residuals of lung cancer pursuant to the provisions of 38 U.S.C.A. § 1151 is well grounded, and the case is remanded for further development.

The VA denied service connection for the cause of the veteran's death due to a lack of evidence linking his lung cancer to his military service or exposure to Agent Orange.

The veteran's smoking in service contributed to the development of metastatic lung cancer, which was the cause of his death. Service connection for the cause of his death is granted.

The Board found no evidence of a link between the veteran's lung cancer and service, including smoking or asbestos exposure. The claim is denied.

The Board has determined that the claim for service connection for the cause of the veteran's death as a result of exposure to ionizing radiation is not well grounded and therefore denied.

The Board has determined that the claim for service connection for lung cancer as a result of exposure to Agent Orange is not well-grounded due to lack of current evidence of the condition.

The Board found that the October 1994 rating decision denying service connection for lung cancer was not clearly and unmistakably erroneous. The claim to reopen a previously denied claim for service connection for lung cancer secondary to Agent Orange exposure was also denied.

The Board denied an earlier effective date for DIC benefits due to the veteran's death, finding that the award should be based on the date of receipt of the claim rather than a retroactive date.

The Board denied the claim of entitlement to service connection for the cause of the veteran's death, claimed as due to nicotine dependence acquired in service. The evidence did not establish that the veteran became addicted to nicotine while in service or that his nicotine dependency caused his lung cancer.

The Board denied the claim for service connection for the cause of the veteran's death and did not address the earlier effective date or annual clothing allowance claims.

The veteran's claim for service connection for lung cancer due to tobacco use during his period of active duty is denied as not well grounded.

The Board has denied the veteran's claims for restoration of a 100 percent evaluation and increased rating for his service-connected lung cancer due to Agent Orange exposure and COPD, as well as his claim for service connection for valvular disease and aortic stenosis. The RO reduced the veteran's disability evaluation from 100 percent to 30 percent effective April 1, 1997.

The Board found that the veteran did not have lung cancer due to radiation exposure during service, and thus denied his claim for service connection. The cause of death was listed as cerebral vascular attack with underlying lung cancer.