Lung cancer decisions — 2005

The Board found that the veteran's cause of death, metastatic lung cancer, was not related to service or any in-service radiation exposure. The claim for service connection for the cause of death due to ionizing radiation exposure was denied.

The veteran's lung cancer was not found to be service-connected due to exposure to herbicides, and the claim for DIC based on this finding was denied. However, a change in law allowed for retroactive consideration of the veteran's death as presumptive service-connected starting from January 1, 2002.

The Board has determined that the veteran's lung cancer, a presumptively service-connected condition, contributed to his death. The claim for Dependents' Educational Assistance under 38 U.S.C. Chapter 35 is also granted.

The Board has determined that the veteran's service-connected PTSD played a material causal role in his continued cigarette smoking after service, which led to his fatal lung cancer. Therefore, the requirements for service connection for the cause of the veteran's death have been met.

The VA determined that the veteran's cause of death, lung cancer, was not related to his service and therefore denied his claim for service connection for cause of death.

The Board denied the appellant's request for an earlier effective date for DIC benefits, finding that the claim was not filed within one year of the veteran's death and that the earliest possible effective date is March 21, 1994.

The Board found that the veteran's death was not caused by a service-connected disability, and thus denied his claim for service connection for the cause of death. The DIC benefits under 38 U.S.C.A. § 1318 were also denied as there is no evidence showing the veteran had been continuously rated totally disabling for at least ten years prior to his death.

The Board has determined that the veteran's postoperative residuals of pneumonectomy due to service-connected lung cancer warrant a 100% evaluation, effective January 14, 2002.

The Board found that the veteran did not have cardiorespiratory disease or lung cancer during service, and there was no evidence linking these conditions to his death. Therefore, the claim for service connection for cause of death is denied.

The Board denied the appellant's claim for DIC benefits under 38 U.S.C.A. § 1318, finding that the veteran did not meet the criteria for eligibility as his service-connected disabilities were rated totally disabling but he was not entitled to compensation due to a VA decision.

The Board has determined that an effective date of September 1, 1998 is warranted for the grant of service connection for the cause of the veteran's death due to lung cancer.

The Board has denied the veteran's claims for service connection for hypertensive vascular disease and generalized anxiety disorder, finding no competent medical evidence linking these conditions to his military service. The lung disorder claim is remanded due to insufficient examination findings.

The Board has ordered additional development due to the need for medical opinions regarding whether the veteran's lung cancer was caused by asbestos exposure during service.

The Board found that the veteran's cancers were not incurred or aggravated by service, nor may they be presumed to have been incurred in service. The preponderance of evidence is against a finding that diabetes mellitus was present during his lifetime.

The Board has granted service connection for lung cancer on a direct basis, effective September 5, 2001, based on the veteran's exposure to Agent Orange during his military service.

The cause of the veteran's death, lung cancer with metastases, is not related to service or a service-connected disability. The VA medical care provided prior to his diagnosis did not result in an earlier and treatable stage of lung cancer.

The VA denied the appellant's claim for an increased rating for service-connected coccidioidomycosis, finding that there were no manifestations of localized pulmonary cavitation or dense and confluent lesions with occasional hemoptysis.

The Board denied the appellant's claim of entitlement to DIC under 38 U.S.C.A. § 1151, finding that VA did not fail to diagnose or treat a pre-existing condition in a timely manner and that the veteran's death was not due to carelessness, negligence, lack of proper skill, error in judgment, or similar instance or fault on the part of VA.

The Board found no medical evidence linking the veteran's service-connected conditions to his death, and thus denied service connection for the cause of his death.

The veteran's claims for service connection for prostate cancer and lung cancer, both linked to exposure to Agent Orange during his military service, are being remanded due to the need for additional VA treatment records and information from USASCRUR.