Lung cancer decisions — 2005

The Board denied the appellant's claims for service connection for the cause of her husband's death and DIC under 38 U.S.C.A. § 1151, finding that there was no evidence to support a link between any service-connected condition and his death.

The Board has determined that the appellant's claim for service connection for the cause of her husband's death due to exposure to Agent Orange was received shortly after his death and denied between September 25, 1985 and June 9, 1994. The effective date of the award is set at February 1, 1984.

The Board found no evidence of lung cancer or tuberculosis in service, and the conflicting medical opinions do not establish a direct link between the cause of death (lung cancer) and service. The claim is denied.

The veteran's lung cancer is being reviewed for service connection due to exposure to herbicides or asbestos. The RO requested verification of the veteran's in-country service, but has not yet obtained the necessary records. Further development including obtaining service personnel records and treatment records is needed.

The Board has remanded the case for further development and readjudication due to a need for an Independent Medical Expert's opinion.

The appeal is being remanded to the VAMC for further action, including issuance of a statement of the case regarding reimbursement of medical expenses incurred by the veteran at Good Samaritan Medical Center during treatment from July 22 to July 27, 2000.

The Board has remanded the case for further development, including a medical opinion regarding the cause of death and whether PTSD contributed to it.

The Board denied the veteran's claims for service connection for PTSD and lung cancer, finding that there was no credible supporting evidence of in-service stressors or a diagnosis of PTSD. The claim for DIC benefits based on the cause of death due to lung cancer is also denied.

The Board has determined that the cause of the veteran's death, acute peritonitis due to a perforated colon, was not caused or contributed by any service-connected condition. The claim for service connection for the cause of the veteran's death is denied.

The veteran's combined service-connected rating is 60 percent, which does not meet the requirements for a TDIU based on schedular criteria. The Board finds that his service-connected disabilities do not preclude him from engaging in substantially gainful employment.

The Board has determined that additional development is needed to determine if the veteran had in-country service in Vietnam, which could affect his claim for service connection. The case will be returned to the RO for further action.

The Board has remanded the case for additional development, including obtaining VA medical records and providing a medical opinion on whether the veteran's lung cancer was related to his in-service asbestos exposure.

The Board has remanded the case due to a lack of service personnel records and the need to determine if the veteran had duty or visitation in Vietnam, which could affect his claim for service connection for the cause of death.

The VA denied the veteran's claims for service connection for lung cancer and to reopen his claim of service connection for COPD. The Board found no evidence linking the veteran's lung cancer or COPD to his active military service.