Lung cancer decisions — 2003

The veteran's claims for effective dates prior to January 1, 2002 for service connection of lung cancer and lymphangitic metastasis associated with lung cancer are granted. The effective date is set as the first day of the month following the claim.

The Board has determined that the veteran's cause of death was not service-connected, and thus denied the appellant's claim for service-connected burial benefits.

The Board denied service connection for lung cancer and pulmonary tuberculosis, finding that the veteran's death was not caused by these conditions.

The Board found that the veteran's service-connected disabilities did not contribute substantially or materially to his cause of death, which was non-small cell lung cancer.

The Board denied service connection for the cause of death and dependency and indemnity compensation benefits under 38 U.S.C.A. § 1318 due to lack of evidence linking the veteran's death to his service-connected disabilities or any other condition.

The Board found that the cause of the veteran's death, lung cancer, was not incurred or aggravated during his military service and denied the claim for service connection.

The Board has determined that the veteran's psychiatric illness, which was diagnosed during service and possibly aggravated by service-related incidents, contributed to his death from metastatic lung cancer. The claim is granted.

The Board has ordered further development in the veteran's case, including obtaining medical records and an autopsy report. The appeal is being remanded to the RO for these actions.

The Board found no evidence to support the claim that service-connected disabilities caused or contributed to the veteran's death, and thus denied the claim for service connection for cause of death.

The veteran's death was due to metastatic lung cancer, which is service-connected. However, the use of tobacco products during service is prohibited for service connection under 38 U.S.C.A. § 1103. Therefore, the claim for service connection for the cause of the veteran's death is denied.

The Board found that the veteran's service-connected sinusitis did not cause or contribute substantially to his lung cancer, which was diagnosed after service. The Board denied the claim for service connection for the cause of death.

The Board granted the appellant's claim for DIC based on a presumption of service connection due to exposure to herbicide agents in Vietnam. The effective date was set at January 1, 2000.

The Board is remanding the case due to incomplete information and need for additional development, including obtaining terminal hospital records from Mercy Hospital in Port Hur

The Board has granted the appellant's request to reopen her claim of service connection for the cause of the veteran's death, and will now consider the merits of the claim.

The veteran's application for Veterans Mortgage Life Insurance (VMLI) was denied because he did not meet the eligibility requirements for a specially adapted housing grant, which is a condition precedent to VMLI.

The Board denied the appellant's claim for service connection for the cause of her husband's death, finding that there was no evidence linking his lung cancer to his military service.

The Board has determined that the veteran's lung cancer, which caused his death, was incurred in service and is related to asbestos exposure during active duty.

The Board denied the appellant's claim for service connection for the cause of her husband's death, finding that there was no evidence to support a link between his prostate and lung cancers and his military service.

The Board denied the veteran's claim for an earlier effective date of November 2, 1993, for the grant of service connection for status post pneumonectomy due to lung cancer with COPD due to Agent Orange exposure.

The Board denied the veteran's claim for service connection for the cause of his death due to asbestos exposure, nicotine addiction, or tobacco use in service.