Lung cancer decisions — 2005

The Board has determined that the veteran's pulmonary disability, including lung cancer and bronchitis, is not related to his military service. The claim for service connection is denied.

The Board has determined that the appellant's claim for DIC benefits was received by VA within one year of her husband's death, and thus grants an effective date of November 1, 1995.

The Board has determined that further development is needed to determine if the veteran's cause of death, squamous cell lung cancer, was related to his in-service exposure to asbestos. The case will be remanded for this purpose.

The veteran seeks service connection for non-small cell lung cancer, which he claims is related to his in-service exposure to Agent Orange. The claim is being remanded due to the need to verify whether the veteran was exposed to herbicides during service in Thailand.

The appellant requested an earlier effective date for DIC benefits, but the Board found that no such effective date could be granted as the award was not based on a liberalizing law or administrative issue.

The veteran died of lung cancer, which the Board found was not related to service. The appellant is also denied eligibility for Dependents' Educational Assistance as she did not meet the criteria.

The Board found that the veteran's death was not caused by any service-connected disability, and there is no evidence of exposure to Agent Orange or other herbicides during his military service. The causes of the veteran's death (pneumonia, left upper lobe wedge resection, chronic obstructive pulmonary disease, and lung cancer) were not related to his period of active military service.

The Board denied the claim for service connection for the cause of the veteran's death, finding that there was no evidence of exposure to Agent Orange or other conditions related to military service.

The veteran's lung cancer was not shown to be related to service, including exposure to asbestos. The Board denied the claim as there is no competent evidence of a link between service and the development of lung cancer.

The veteran's death was due to lung cancer, which he had been service-connected for since August 1994. However, the veteran did not meet the requirement of having a total disability rating for at least eight years immediately preceding his death.

The Board found no evidence to support a finding that the veteran's lung cancer began in service or during the initial post-service year. The medical records do not show any connection between his service-connected conditions and his fatal lung cancer.

The Board denied the appellant's request for an effective date prior to August 21, 2000, for a grant of Dependency and Indemnity compensation benefits. The RO established the earliest effective date permitted under the law for the grant of DIC benefits in this case.

The veteran's death was caused by metastatic non-small cell lung cancer, which the VA Board of Veterans' Appeals (Board) determined was incurred during his military service. The Board found that while there is no evidence of herbicide exposure in service, the aggressive nature of the cancer suggests it may have begun growing during active duty.

The Board has determined that the veteran's service-connected PTSD contributed to his death due to colon and lung cancer, as he refused treatment for his cancers.

The Board denied the claim for DIC under 38 U.S.C.A. § 1151 as there was no evidence linking the veteran's death to service or VA treatment, and found that the cause of death (lung cancer) did not result from a disease incurred in or aggravated by service.

The Board found no evidence of a chronic pulmonary disease or carcinoma of the lung during service, and there is no competent evidence linking the veteran's fatal metastatic lung cancer to service. Therefore, the claim for service connection for the cause of death was denied.

The veteran's lung cancer is due to nicotine dependence and tobacco use during service, which the Board finds supports a grant of service connection.

The Board has determined that new and material evidence has been submitted to reopen the claim of service connection for the cause of the veteran's death. The appellant's lay opinion regarding the veteran's smoking history, along with medical statements linking the veteran's lung cancer to his smoking habits, is considered significant in deciding this case.

The veteran's lung cancer was initially diagnosed in April 2001. He filed a claim for service connection for lung cancer on December 20, 2001 and the claim was granted effective that date. The appellant is requesting an earlier effective date based on her husband's diagnosis of lung cancer in April 2001. However, as the veteran did not meet all eligibility criteria for a grant of service connection for lung cancer at the time the liberalizing law became effective (June 1994), the claim for an earlier effective date is denied.

The veteran's death was caused by his service-connected post traumatic encephalopathy with organic mood disorder, which contributed to the development of Alzheimer's disease. The lung cancer and renal cell carcinoma were also present but did not contribute substantially or materially to cause or hasten the veteran's death.