Lung cancer decisions — 2005

The Board has granted service connection for the cause of the veteran's death due to nicotine dependence incurred during service, and dismissed the DIC claim as moot.

The Board denied the veteran's claim for service connection for lung cancer, including as a result of asbestos exposure, finding that there was no currently diagnosed asbestos-related disorder and that the veteran's lung cancer did not manifest to a compensable degree during his service or within the one-year presumptive period following his discharge. The Board also noted that there is no competent medical evidence showing any relationship between the veteran's lung cancer and his service.

The Board denied the veteran's claim for service connection for lung cancer, finding that there was no evidence of a causal relationship between his lung cancer and service. The appeal is dismissed as the liberalizing provision regarding presumptive service connection based on herbicide exposure did not apply at the time of the veteran's death.

The Board found that the veteran's lung cancer was not caused by service, and thus denied dependency and indemnity compensation benefits.

The Board has remanded the case due to the need for additional development, including obtaining medical records and confirming whether the veteran's lung cancer was caused by asbestos exposure during service.

The Board denied service connection for cancers of the bladder, lung, colon, kidney, and bones for purposes of accrued benefits due to lack of evidence linking these conditions to active duty. The cause of death was also denied as there is no probative medical evidence establishing a nexus between the veteran's fatal cancer and his military service.

The Board has denied the veteran's claim of service connection for emphysema and lung cancer, including as secondary to nicotine dependence due to lack of evidence linking these conditions to his military service.

The VA denied service connection for the cause of the veteran's death, attributing it to lung cancer which was not linked to any specific exposure or service.

The Board denied the appellant's claim for service connection for the cause of the veteran's death, finding that lung cancer, COPD and/or tuberculosis were not incurred in or aggravated by active service.

The Board denied the veteran's claims for service connection for prostate cancer and lung cancer, both claimed as secondary to Agent Orange exposure. The evidence did not establish a link between these conditions and active service.

The Board determined that the veteran's cause of death (chronic obstructive pulmonary disease, T/C Koch's infection, and probable lung cancer) was not service-connected. The appellant is also denied basic eligibility for VA non-service connected death pension benefits due to lack of qualifying service.

The veteran's claims for Specially Adapted Housing and/or Special Home Adaptation Grant, earlier effective dates for service connection and special monthly compensation were denied. The veteran died on December [redacted], 2001.

The Board has determined that additional evidence is needed to substantiate the veteran's death claim and Dependency and Indemnity Compensation (DIC) claim, including medical records and information regarding the duration of his captivity as a prisoner of war. The AMC/RO will obtain these records and provide the appellant with another opportunity to respond.

The claim for service connection for the cause of the veteran's death is being remanded due to incomplete medical records and a need to obtain additional information from the appellant.

The Board has granted an effective date of November 28, 1986 for the award of service connection for lung cancer due to Agent Orange exposure.

The veteran withdrew her appeal for lung cancer with scars and nodules on the lungs, as secondary to mustard gas exposure. The VA has fulfilled its duty to assist in obtaining evidence necessary to substantiate the claim for residuals of mustard gas exposure, including tuberculosis; pain and weakness in the arms, back and legs; loss of balance; loss of appetite and difficulty swallowing; and bleeding gums and an oral rash. However, there is no evidence of mustard gas exposure or a current diagnosis of these conditions.

The Board has determined that the cause of the veteran's death was not caused or contributed to by any disability incurred or aggravated during his military service, and thus denied the claim for service connection.

The veteran's current lung cancer with bone metastasis was caused in part by, and cannot be reasonably disassociated from, his inservice asbestos exposure. The Board finds that the veteran's condition can not be dissociated from his service-connected asbestos exposure.

The Board has granted an earlier effective date of March 17, 1992 for the grant of service connection for lung cancer and special monthly compensation based on housebound criteria. The veteran's lung cancer is presumed to be related to exposure to Agent Orange in service.

The Board denied the veteran's claims for service connection for the cause of his death and basic eligibility for Dependents' Educational Assistance under Chapter 35, Title 38, United States Code.