Lung cancer decisions — 2006

The Board has determined that further development is needed to determine if the veteran had actual presence in Vietnam, which could affect his claim for service connection for cause of death due to lung cancer.

The Board has decided to remand the case for additional development, including obtaining SSA records and providing VCAA-compliant notice.

The veteran's claims for higher initial ratings for his service-connected right lung cancer and residual scar from lobectomy are being remanded due to the need for additional development, including a VA examination.

The Board has denied service connection for small cell lung cancer as secondary to the veteran's service-connected stab wounds, left posterior chest. The issue of an increased rating for the veteran's service-connected stab wounds was dismissed due to the veteran not appealing it.

The Board found that the veteran's death was not caused by any service-connected disability, and denied the claim for service connection for the cause of his death.

The cause of the veteran's death, lung cancer, was not related to his military service and therefore denied.

The Board found no evidence of asbestos exposure during service and concluded that the veteran's current respiratory conditions, including lung cancer, are not related to his period of active duty. The claim for PTSD was also denied.

The Board found that the veteran's lung cancer was not incurred in or aggravated by service and denied the claim for service connection for the cause of the veteran's death.

The Board denied service connection for the cause of the veteran's death due to lung cancer, finding that it was not caused by or related to his inservice treatment for Pulmonary Tuberculosis. The Board also noted that the veteran had a history of smoking and that tobacco use was the primary cause of his lung cancer.

The veteran's disability rating for lung cancer was reduced from 100% to noncompensable. The Board has restored the original 100% rating due to procedural errors in the reduction process.

The Board denied service connection for the cause of the veteran's death, finding that no competent evidence linked any fatal disabilities to active service or a service-connected disability.

The veteran's lung cancer, asbestosis (interstitial fibrosis), and pleural plaques are causally related to asbestos exposure during his military service.

The Board denied the veteran's claims for service connection for esophageal cancer, liver cancer, and lung cancer, finding no evidence linking these conditions to his military service or exposure to ionizing radiation. The claim was also not granted based on Agent Orange exposure.

The Board found that the cause of the veteran's death (lung cancer) was not related to service, and denied the claim for service connection for the cause of death.

The Board found no clear and unmistakable error in the April 1978, June 1980, or October 1972 rating decisions that denied service connection for back injury, pneumonia, and lung cancer.

The Board found that the veteran's lung cancer was not diagnosed prior to June 2002 due to lack of medical necessity for a chest X-ray during the relevant period, and thus denied his claim under 38 U.S.C.A. § 1151.

The Board denied the veteran's claim of service connection for lung cancer, finding no evidence linking his condition to active duty or exposure to ionizing radiation.

The Board denied the appellant's claim for DIC benefits, finding that the veteran's death was not due to VA hospital care or medical treatment. The case was remanded multiple times and referred to other issues.

The veteran's cause of death is presumed to have been incurred in service due to exposure to Agent Orange. The Board finds that the primary site for his metastatic adenocarcinoma was likely lung cancer, which is presumptively related to his Vietnam-era herbicide exposure.

The Board has granted service connection for lung cancer, but denied service connection for prostate cancer as there is no medical evidence linking the veteran's prostate cancer to his period of active service.