Lung cancer decisions — 2006

The Board denied the appellant's claim for nonservice-connected death pension benefits due to her excessive income, which exceeded the maximum annual income limitation for a surviving spouse without dependents.

The Board found that the veteran's small cell lung cancer residuals did not warrant an evaluation in excess of 30 percent, as his pulmonary function test results were no more than 30 percent disabling.

The Board has determined that the effective date for the award of dependency and indemnity compensation should be October 1, 1999, which is the first day of the month in which the veteran died.

The veteran's service-connected residuals of lung cancer do not meet the criteria for a higher evaluation under either the old or new rating criteria.

The veteran's claim for an initial rating higher than 10 percent for service-connected residuals of non-small cell lung cancer is being remanded due to the failure to appear at a scheduled hearing.

The veteran does not have lung cancer as a result of exposure to herbicides that is related to active service.

The veteran died during the appeal process, and as a result, the Board has no jurisdiction to adjudicate the merits of his claim.

The veteran's lung cancer and COPD due to asbestos exposure are currently rated at 30 percent, but the Board finds that these conditions do not warrant a higher rating.

The veteran's death was caused by lung cancer, which is presumed to be service-connected due to exposure in Vietnam. However, the appellant did not qualify as a surviving spouse for DIC benefits because her marriage to the veteran did not meet the required criteria. The claim for accrued benefits also failed as there were no unpaid VA compensation benefits at the time of the veteran's death.

The veteran's death was not caused by a service-connected disability, and the appellant is not entitled to DIC benefits under 38 U.S.C.A. § 1318 as she did not have actual entitlement to compensation at the time of her husband's death.

The Board has determined that the veteran's medical condition did not preclude transfer to a VA Medical Center for continuation of treatment, but due to an approximate balance of positive and negative evidence, the veteran may be granted payment of unauthorized medical expenses.

The Board found that the veteran's lung cancer is not related to his active service and denied both his claim for service connection for lung cancer and his request for a compensable evaluation for pleurisy. The veteran's pleurisy was previously granted as noncompensable, effective since May 1946.

The Board found that the veteran's COPD and lung cancer did not have a service origin, nor could they be presumed to have been caused by asbestos exposure during his naval service. The cause of death was determined to be COPD and lung cancer.

The veteran died of lung cancer, and the claim for DIC benefits under 38 U.S.C.A. § 1318 is denied as he was not service-connected for any disability at the time of his death.

The Board has determined that the required development of evidence regarding service connection for the cause of the veteran's death and Dependents' Educational Assistance Benefits has not been completed. The case is being remanded to allow for this development.

The Board found no evidence to support service connection for the cause of death, as lung cancer was not shown to be related to service. The veteran's death is attributed to cardiopulmonary arrest due to metastatic lung cancer.

The Board denied the appellant's claim for an earlier effective date for DIC benefits, finding that the correct effective date was June 9, 1999.

The veteran's lung cancer, status post left upper segmenectomy, emphysema and COPD were not incurred during service or related to active duty service. The Board denied the claim for service connection.

The Board denied service connection for the cause of the veteran's death, concluding that there was no clear and unmistakable error in their decision.

The Board found no new and material evidence to reopen the claim of service connection for the cause of the veteran's death, resulting in a denial. The appellant's daughter testified that the veteran may have had a stroke or his service-connected conditions might have contributed to his death, but these were not supported by medical evidence.