Lung cancer decisions — 2002

The Board has granted service connection for the cause of the veteran's death and established basic eligibility for Dependents' Educational Assistance under the provisions of 38 U.S.C.A. Chapter 35.

The Board has determined that the veteran's lung cancer is service-connected due to exposure to ionizing radiation during his military service.

The veteran's death was determined to be related to his service in Vietnam, specifically due to exposure to herbicides (Agent Orange). His lung cancer is presumed by law to be causally related to this exposure. The appellant as the surviving spouse of the veteran is therefore granted entitlement to dependents' educational assistance under Chapter 35 of Title 38 U.S.C. for his cause of death.

The Board found that the veteran's death was not caused by a service-connected disability and denied all claims.

The Board determined that the appellant is not eligible as the surviving spouse of the veteran for VA benefits, but granted her request for an earlier effective date for DIC to her child.

The veteran died of lung cancer, which was presumed to be related to exposure to herbicides in Vietnam. The appellant's claim for DIC benefits was granted effective June 9, 1994.

The Board denied the veteran's claim for service connection for lung cancer, which he claimed was due to exposure to herbicides in Vietnam. The decision found no evidence of current lung cancer and concluded that presumptive service connection could not be established.

The Board found that the veteran's death was not caused by or substantially contributed to by any service-connected disability, and thus denied the claim for service connection for the cause of the veteran's death.

The Board denied the appellant's claims for dependency and indemnity compensation benefits, finding that she is not entitled to such benefits prior to her remarriage in April 1994 or an earlier effective date. The appeal was dismissed.

The VA denied the veteran's widow's claim for service connection for the cause of his death, stating that it was not caused by any incident of service and denying her tobacco-related claim as a matter of law due to the change in law.

The Board denied the appellant's claims for service connection for lung cancer and as secondary to her husband's service-connected tuberculosis, finding that there was no evidence of a causal relationship between the veteran's terminal lung cancer and his period of active service or to a service-connected disability.

The Board denied the appellant's request for an earlier effective date of July 23, 1996 for service connection for the cause of her husband's death due to metastatic lung cancer. The decision stated that the earliest possible date of entitlement was in 1994 based on presumptive service connection for respiratory cancers.

The Board has determined that the veteran's lung cancer, a disease presumptively incurred in or aggravated by military service due to his Vietnam Era service, was the principal cause of his death. As such, he is granted service connection for the cause of his death.

The Board has granted service connection for the cause of the veteran's death due to lung cancer, which is a presumptive disease associated with exposure to herbicide agents, including Agent Orange. The appellant's claim for accrued benefits was also addressed and will be remanded.