Lung cancer decisions — 2006

The Board denied the veteran's claim for service connection for the cause of his death, finding that neither cardiovascular disease nor lung cancer were incurred or aggravated by active service and there was no evidence linking these conditions to military service.

The Board denied the appellant's claim for service connection for the cause of her husband's death due to nicotine dependence incurred in service, finding that there is no legal basis under current law and regulations.

The Board denied the claim for service connection for the cause of the veteran's death, finding that there is no competent medical evidence linking the lung cancer to exposure to asbestos or to a chest X-ray finding in service. The Board also found that the use of tobacco products was more likely the cause of the veteran's death.

The Board denied the veteran's claim of entitlement to service connection for lung cancer, right lower lobe, as it was not incurred in or aggravated by active service and there is no probative evidence linking his lung cancer to any incident of his military service, including claimed exposure to Agent Orange. The facts were found not complex enough to require an independent medical expert's opinion.

The Board has denied service connection for lung cancer, stomach cancer, liver cancer, and colon cancer due to lack of evidence linking these conditions to service. Service connection for acid reflux is granted as the veteran currently has this condition.

The Board of Veterans' Appeals has determined that the appellant is entitled to reimbursement for unauthorized private medical expenses incurred by her husband, who was receiving chemotherapy treatment for lung cancer. The medical emergency necessitating the hospitalization occurred due to a fever and anemia related to his service-connected condition.

The veteran's death was caused by lung cancer, which is a disease presumed for radiation-exposed veterans. The effective date of the DIC benefits cannot be earlier than March 26, 2002 due to a regulatory change that came into effect on this date.

The Board has determined that the cause of the veteran's death was cardiorespiratory arrest, due to or as a consequence of metastatic lung cancer, which originated from tobacco use. The service-connected residuals of cold injuries to the right and left lower extremities are not considered to have caused or contributed substantially to the cause of death.

The Board denied the appellant's claims for service connection for lung cancer and phlebitis, both of which were not present during or within one year after service. The Board also found no evidence to support a finding that either condition was caused by any incident of service, including exposure to ionizing radiation. As such, the veteran's death could not be attributed to his service-connected conditions.

The veteran's appeal for an earlier effective date for the award of service connection for small cell lung cancer has been withdrawn.

The veteran's service-connected disability was not rated as 100% disabling at the time of his death, preventing the appellant from receiving commissary card authorization.

The Board found that the cause of the veteran's death was not incurred in service and may not be presumed to have been incurred therein. The lung cancer, COPD, and pneumonia were not first manifest during service or within one year of separation.

The veteran is seeking service connection for lung cancer, claimed as due to asbestos exposure in service. The Board has decided the case should be remanded for further development and consideration.

The Board found that the veteran's lung cancer was not related to his military service and denied his claim for service connection.

The Board has determined that the veteran's PTSD contributed to his use of tobacco products after service, which in turn caused his fatal lung cancer. The Board grants service connection for the cause of death.

The veteran's cause of death was not granted an effective date prior to January 31, 2002 due to the lack of a valid claim for service connection for the cause of death within one year from his death in 1984.

The Board denied the appellant's claim for service connection for the cause of her husband's death due to tobacco use in service, finding that there was no evidence linking lung cancer, which caused his death, to military service.

The Board found no evidence linking the veteran's metastatic lung cancer to his military service, and denied the claim for service connection for the cause of death.

The Board denied service connection for PTSD and denied an initial compensable evaluation for residuals of lung cancer.

The Board found that the veteran's death was due to lung cancer, which is presumed to be related to his tobacco use. The RO initially granted service connection for the cause of the veteran's death based on nicotine dependence but later severed this award as it was determined that claims filed after June 8, 1998, are precluded by law.