Lung cancer decisions — 2001

The Board found no medical evidence linking the veteran's lung cancer to his military service, and thus denied his claim for service connection.

The Board has determined that the veteran's death was caused by his lung cancer, which is presumed to have been incurred due to herbicide exposure in Vietnam. The appellant's claim for service connection for the cause of the veteran's death and survivors' and dependents' educational assistance under Chapter 35 of the United States Code, Title 38 has therefore been granted.

The Board denied the appellant's claims for service connection for the cause of her husband's death and for Dependents' Educational Assistance (DEA) benefits. The veteran died from lung cancer, with contributing disabilities including Crohn's disease, chronic obstructive pulmonary disease, and tuberculosis. The Board found that his service-connected resection of the large and small intestines did not contribute substantially or materially to his death.

The Board denied the veteran's claim for service connection for the cause of his death and also denied eligibility for Survivors' and Dependents' Educational Assistance benefits under Chapter 35, Title 38, United States Code.

The veteran's death was caused by lung cancer and atypical pneumonia, but his service-connected tuberculosis did not contribute to his death. The Board denied the claim for dependents' educational benefits as there is no established service connection for the cause of death.

The Board found that the veteran's lung cancer was not diagnosed due to a failure of VA medical care, and thus denied compensation under 38 U.S.C.A. § 1151.

The Board has determined that the veteran's lung cancer and emphysema are service-connected due to in-service asbestos exposure. The Board also found no evidence of asbestosis.

The Board denied an earlier effective date for the grant of service connection for lung cancer due to lack of evidence showing the condition existed prior to July 17, 1996.

The Board determined that the veteran did not die from a service-connected disability and was not eligible for Dependent's Educational Assistance benefits.

The Board denied the appellant's claims for service connection for the cause of her husband's death due to his service-connected diabetes mellitus, VA medical treatment failure, and exposure to ionizing radiation in service. The evidence did not support these claims.

The Board denied service connection for the cause of the veteran's death due to lack of post-service medical records and because the claim was not well-grounded.

The veteran's death was caused by his service-connected bilateral hearing loss, which led to a total disability evaluation. The appellant is entitled to DIC benefits under 38 U.S.C. § 1318.

The Board denied the claim of service connection for the cause of the veteran's death due to metastatic lung cancer, finding that it was not related to his service and did not manifest within the presumptive period.

The Board has determined that there is sufficient evidence to grant service connection for the cause of the veteran's death, with lung cancer being considered a primary condition related to cigarette smoking in service.

The Board has decided to remand the case for further examination and analysis regarding whether the veteran developed nicotine dependence during service, which could potentially affect his claim of small cell lung cancer.

The veteran's cause of death was metastatic lung cancer and hepatic failure. The Board found no service connection for these conditions, nor did they find that the service-connected anxiety neurosis with hysterical features contributed to his death. Therefore, DIC benefits under 38 U.S.C.A. § 1318 were denied.

The Board determined that the veteran's lung cancer was not incurred in service, including as secondary to exposure to Agent Orange. The evidence indicated that his lung cancer was more likely due to tobacco use rather than Agent Orange exposure.

The Board denied the veteran's claim for service connection for the cause of his death due to lung cancer, finding that it was caused by tobacco use and not related to active service. The appellant's informal claim was received after June 10, 1998, when VA prohibited granting service connection based on tobacco use during service.

The Board has determined that new and material evidence has been submitted to reopen the claim for service connection for the cause of the veteran's death. However, the primary site of the fatal cancer was not linked to service or any presumptive conditions.

The Board has granted service connection for bilateral hearing loss and found that the veteran's current hearing disability is related to his military service. The claims for prostate cancer, lung cancer, and a compensable rating for right shoulder tendinitis are remanded due to insufficient evidence.