Lung cancer decisions — 2004

The Board denied the appellant's claims of service connection for the cause of the veteran's death, entitlement to Dependents' Educational Assistance (DEA) benefits under Chapter 35, Title 38, United States Code, and entitlement to Dependency and Indemnity Compensation (DIC). The cause of death was listed as pneumonia, due to (or as a consequence of) probable lung cancer, due to (or as a consequence of) history of squamous cell cancer of neck. There is no evidence showing the veteran served in Vietnam or had any service-connected disabilities that contributed to his death.

The Board found that the veteran's lung cancer, which caused his death in October 1993, was attributable to nicotine dependence he developed during service and continued use of tobacco for over 35 years. As a result, the cause of the veteran's death is now considered service-connected.

The Board has determined that an etiological opinion is required to resolve whether the service-connected PTSD materially contributed to the cause(s) of the veteran's death. The RO should ensure that the veteran's complete set of VA clinic records since his discharge are associated with the claims folder, and arrange for a review by a cardiologist and a pulmonologist.

The Board found that the veteran's death was not caused by or substantially contributed to by a disability incurred in or aggravated by his active duty service.

The Board denied the appellant's claims for service connection for the cause of her husband's death due to exposure to asbestos, nicotine addiction, or tobacco use and for an earlier effective date. The Board found that there was no evidence linking these conditions to active service.

The Board found that new and material evidence had not been submitted to reopen the claim for service connection for cause of death. The veteran's service-connected psychoneurosis was deemed insufficient to have contributed to his death from lung cancer.

The Board has remanded the case to the RO for compliance with VCAA requirements, including providing proper notice and assistance.

The Board denied the veteran's claims for service connection and compensation under 38 U.S.C.A. § 1151, as well as his claim for an initial disability evaluation in excess of 30 percent for post-operative lung cancer.

The veteran's claim for service connection for lung cancer, secondary to nicotine dependence is being remanded due to the receipt of additional evidence. The RO will review the case and consider this new evidence before making a decision.

The veteran's spouse was found to be in need of regular aid and attendance due to terminal metastatic lung cancer, leading to an effective date of January 11, 2001.

The Board denied service connection for the cause of the veteran's death, finding that his service-connected bronchial asthma did not contribute to his death from metastatic lung cancer.

The Board granted service connection for the cause of the veteran's death due to lung cancer, which was presumed based on exposure to Agent Orange during service in Vietnam. The effective date is set at January 17, 2001.

The Board has remanded the case for further development to determine if the veteran was exposed to ionizing radiation, carcinogenic paint fumes during service, or Agent Orange herbicides during the Vietnam War era. The claim will be referred to the Under Secretary for Benefits if exposure is found.

The Board found that the veteran's lung cancer and bone metastases were not related to his military service, and thus denied claims for service connection. The appellant was also not entitled to DIC under 38 U.S.C.A. § 1318 as she did not meet the criteria of having a spouse who had been in receipt of total disability compensation due solely to clear and unmistakable error.

The Board found that the veteran's lung cancer was not caused by or aggravated by VA care, and denied compensation under 38 U.S.C.A. § 1151 for the cause of his death.

The Board denied the veteran's claims for service connection for various conditions, including coronary artery disease, lung cancer, alcoholism, and a psychiatric disorder, all claimed as secondary to tobacco use. The Board also denied his claim for an earlier effective date for the grant of service connection for asbestosis.

The veteran's appeal is being remanded to the RO for additional development, including scheduling a VA medical examination and obtaining pertinent treatment records.

The Board has remanded the case due to procedural deficiencies and the need for additional development, including obtaining medical opinions regarding whether the veteran's service-connected disabilities contributed to his death.

The Board denied the veteran's claim for service connection for the cause of his death due to metastatic lung cancer, finding that there was no direct evidence linking the condition to his military service.

The Board has dismissed the appeal due to the appellant's withdrawal of her appeal prior to a decision being made.