Lung cancer decisions — 2006

The Board denied the appellant's claims for service connection for the cause of her husband's death and eligibility for Chapter 35 dependents' educational assistance, finding that there was no evidence to support these claims.

The Board found that the veteran's lung cancer, which was first diagnosed many years after service, is not related to any incident of service. The retained shrapnel from a gunshot wound did not contribute substantially or materially to cause the veteran's death.

The Board has decided to remand the case for further development due to ambiguous findings in a VA examination report and incomplete medical records.

The veteran's claim for service connection for lung cancer, which was secondary to asbestos exposure, has been dismissed due to the death of the veteran.

The Board found that the veteran's death was not caused by his service-connected PTSD or due to VA medical treatment, and thus denied DIC benefits based on service connection for the cause of death and denied a claim under 38 U.S.C.A. § 1151.

The Board has remanded the case for additional development due to VCAA notification issues and to clarify whether the appellant wants a personal hearing.

The Board found that the veteran's fatal lung cancer was not related to his military service or a service-connected condition, and thus denied entitlement to service connection for cause of death.

The Board found that the veteran's respiratory failure, lung cancer, and COPD were not caused or contributed to by service. The preponderance of evidence did not support a finding that any service-connected condition was related to death.

The Board has determined that the veteran's death was caused by his nicotine addiction, which began during service and was a result of tobacco use. As such, the cause of death is considered to be service-connected.

The Board has ordered additional development of the veteran's medical records from Duke University Hospital to determine if there was any fault or negligence by VA in his treatment, and whether he should be granted DIC benefits under the provisions of 38 U.S.C.A. § 1151.

The Board denied the appellant's claim for service connection for lung cancer as an accrued benefit, finding that there was no evidence of lung cancer at the time of the veteran's death.

The VA is required to determine if the veteran was exposed to radiation while in service and then assess whether this exposure caused his lung cancer, which would be considered a radiogenic disease. The case will be remanded for these determinations.

The Board found that the veteran's service-connected disabilities did not cause or contribute to his death from lung cancer, and thus denied the claim.

The Board denied the veteran's claims for increased evaluations for residuals of lung cancer, finding that there was no evidence to support an evaluation in excess of 10 percent from July 1, 1999 to March 25, 2003.

The Board found that the cause of death was not related to service-connected conditions, including Agent Orange exposure. Therefore, service connection for the cause of death is denied and eligibility for Dependent's Educational Assistance is also denied.

The veteran's son applied for VA burial benefits, but the claim was denied because the veteran did not meet any of the statutory criteria for receiving such benefits. The veteran died from nonservice-connected causes while not properly hospitalized by VA.

The Board has granted a 60 percent rating for service-connected residuals of post-operative hemorrhoidectomy and fistula in ano, with anal stenosis, effective June 2003. The veteran's lung cancer due to asbestos exposure is rated noncompensable.

The Board finds that the cause of the veteran's death, nonsmall cell lung cancer, was not caused or substantially contributed to by his service-connected tuberculosis. The appellant has presented evidence suggesting a possible link between prior tuberculosis and increased susceptibility to lung cancer, but this is outweighed by the clinical evidence indicating no such relationship.

The Board has determined that the veteran's lung cancer, which caused his death, was incurred in service and grants service connection for the cause of death.

The Board denied the veteran's claims for service connection due to lack of evidence showing exposure to ionizing radiation and no link between his cancers and military service.