Lung cancer decisions — 2005

The Board found that the veteran's lung cancer, which caused his death, was not service-connected. Therefore, DIC benefits under 38 U.S.C.A. § 1318 were denied.

The appellant is seeking an earlier effective date for DIC benefits due to the veteran's death, which was granted based on exposure to ionizing radiation. The case must be remanded to obtain a revised dose assessment from DTRA and provide VCAA notification.

The Board found that the cause of death, non-small cell lung cancer, was not related to service-connected conditions or exposure to ionizing radiation during active duty service. The veteran's death is therefore not considered due to a service-connected disability.

The veteran's claims for service connection for glaucoma and lung cancer were denied. The pterygium of the left eye was found to be asymptomatic, while bilateral cataracts resulted in a severe contraction of visual field impairment.

The Board found that VA's treatment did not cause the veteran's death, and thus denied dependency and indemnity compensation benefits under 38 U.S.C.A. § 1151.

The Board has determined that the cause of the veteran's death was not related to any service-connected disability, and thus denied the claim for service connection for the cause of death.

The veteran's claim for compensation under 38 U.S.C.A. § 1151 was granted as of June 6, 2003, due to VA's failure to diagnose and treat his small cell lung cancer promptly.

The Board denied the veteran's claim for service connection for the cause of his death and also denied the claim for dependents' educational assistance benefits under Chapter 35, Title 38, United States Code.

The veteran's claim for an earlier effective date for the grant of service connection for lung cancer due to herbicide exposure was denied as there is no evidence of a pre-existing condition or disability prior to August 26, 1997.

The veteran's lung cancer was not found to be related to his service, including exposure to herbicides while serving on a ship off the coast of Vietnam. The claim for service connection is denied.

The veteran's appeal has been withdrawn, and the case is dismissed.

The Board denied the veteran's claims for service connection for coronary artery disease, lung cancer, alcoholism, and a psychiatric disorder, all claimed as secondary to tobacco use or abuse of alcohol during service. The effective date for the grant of service connection for asbestosis was also not granted.

The Board has remanded the case for further development due to incomplete information regarding the appellant's income and expenses, as well as issues related to service connection.

The Board granted service connection for cause of the veteran's death based on a change in law that provided a presumption of service connection for lung cancer due to exposure to ionizing radiation. The effective date cannot be earlier than March 26, 2002.

The Board has remanded the case for additional development, including a dose estimate and an opinion from the Under Secretary for Benefits regarding the veteran's exposure to ionizing radiation in service. The claim will be reconsidered under the special procedures for exposure to ionizing radiation.

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

The Board found that the veteran's death from metastatic lung cancer was not caused or contributed substantially to his death by any service-connected disability, including exposure to herbicides or asbestos. The claim for cause of death is denied.

The case is being remanded to the RO for a recalculated dose estimate of ionizing radiation exposure and a new medical opinion regarding its potential impact on the veteran's lung cancer. The claim will then be reviewed again.

The Board has remanded the case due to additional development needed under the Veterans Claims Assistance Act of 2000. The appellant contends her husband was exposed to Agent Orange in Vietnam, which she believes caused his fatal lung cancer.

The Board has reopened the appellant's claim for service connection for the cause of the veteran's death due to new and material evidence, but finds that there is no service-connected disability that caused or contributed substantially or materially to the cause of the veteran's death.