Lung cancer decisions — 2001

The Board denied the veteran's claim for service connection for the cause of his death due to lung and brain cancer, finding that it was unlikely related to radiation exposure in service. The claim for Dependents' and Survivors' Educational Assistance was also denied.

The Board has determined that the veteran's metastatic lung cancer, a disease listed under presumptive service connection for Agent Orange exposure, was present to a compensable degree within the thirty-year period after his presumed exposure in Vietnam. As such, the claim is granted.

The veteran's death was not caused by or substantially contributed to by a disability of service origin, nor may his death be presumed to be related to service due to the lack of evidence showing lung cancer within 30 years of last exposure to Agent Orange.

The Board denied the claim for an earlier effective date for dependency and indemnity compensation benefits, finding that the application was received more than a year after the veteran's death.

The Board has remanded the case for further development, including obtaining a dose assessment of the veteran's exposure to ionizing radiation and ensuring compliance with the Veterans Claims Assistance Act of 2000.

The Board found that the veteran's service-connected disabilities contributed to his death, and thus granted benefits for the cause of death. The appellant was also determined eligible for Chapter 35 education benefits.

The Board has granted service connection for the cause of the veteran's death due to his service-connected hypertension contributing substantially and materially to his death. The appellant is also granted Dependents' Educational Assistance benefits.

The Board granted service connection for COPD and established an effective date earlier than February 1996 for the veteran's right lung carcinoma, based on presumptive exposure to herbicides in Vietnam.

The Board found that the veteran's lung cancer was not incurred in or aggravated by his military service and denied the claim.

The Board has remanded the case due to incomplete medical records and the need for further development of evidence regarding service connection for the cause of death, including potential exposure to herbicides. The claim will be reconsidered with consideration given to all theories of entitlement.

The Board found that the veteran's service-connected disabilities did not contribute to his death from lung cancer and atherosclerotic heart disease.

The Board denied service connection for the cause of the veteran's death due to the fact that his death was tobacco-related and he filed his claim after June 9, 1998.

The Board found that the veteran's cause of death, lung cancer, was not due to exposure to herbicide agents during his service in England. The non-Hodgkin's lymphoma is considered a direct service connection as it developed after discharge from active duty.

The veteran's application for Service Disabled Veterans Insurance (RH) was denied due to his nonservice-connected lung cancer and diabetes. The case is being remanded to consider the raised claims of service connection for lung cancer and diabetes, which may affect the RH insurance claim.

The Board denied service connection for the cause of the veteran's death, finding that there was no evidence linking his fatal prostate cancer and lung cancer to his military service or any possible exposure to herbicides. The claim was denied as the preponderance of the evidence did not indicate a causal relationship.

The veteran's death was not caused by or substantially contributed to by a disability of service origin, nor may his death be presumed to be related to service. The Board denied the claim for service connection for the cause of the veteran's death and also denied eligibility for Survivors' and Dependents' Educational Assistance under Chapter 35.

The appellant is seeking dependency and indemnity compensation under 38 U.S.C.A. § 1151 due to alleged VA medical treatment that allegedly caused the veteran's death from lung cancer.

The Board denied service connection for prostate cancer and lung cancer due to occupational exposure to ionizing and non-ionizing radiation in service. The appellant's claim was reopened on new evidence, but the claims were still not granted.

The veteran's lung cancer was not incurred in or aggravated during service and is presumed to be related to exposure to herbicides. Service connection for prostate cancer, multiple actinic keratosis, post-operative residuals of a duodenal ulcer with hiatal hernia, and hemorrhoids are established. The veteran's TDIU claim was denied due to his service-connected disabilities not preventing him from engaging in substantially gainful employment.

The Board has granted an effective date of October 18, 1995 for the award of DIC benefits due to lung cancer.