Lung cancer decisions — 2007

The Board has determined that the veteran's death was not caused by a disease or injury incurred in service, and no service-connected disability contributed to his death. The cause of death was squamous cell carcinoma.

The Board found that the veteran's death was not caused by VA medical treatment, and specifically not due to negligence or lack of proper skill on the part of VA. The claim for DIC benefits pursuant to 38 U.S.C. § 1151 is denied.

The Board denied the appellant's claim for service connection for the cause of the veteran's death, finding that there was no evidence linking lung cancer to military service.

The Board denied the veteran's claims for service connection for lung cancer, mumps, sterility, a ruptured right eardrum, and hearing loss. The claims were not decided on any presumption or secondary basis.

The Board has determined that recovery of the overpayment of VA death pension benefits in the amount of $616 is granted due to it being against equity and good conscience.

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

The Board found that the cause of death (lung cancer) was not related to service, including exposure to herbicides while stationed in Korea.

The VA determined that the veteran's lung cancer was not caused by exposure to ionizing radiation in service, and thus denied both claims for service connection. The cause of death due to lung cancer is also denied.

The Board has determined that additional development is required before the claims can be adjudicated, including providing proper notice under Hupp v. Nicholson.

The case is being remanded for additional development due to inadequate notice under the Veterans Claims Assistance Act (VCAA). The appellant seeks service connection for the cause of her deceased husband's death, but the current record does not provide sufficient information on this matter.

The Board has granted service connection for the cause of the veteran's death due to his lung cancer, which was previously service-connected. The claim for esophageal cancer is also granted as it is considered a secondary condition related to the previously service-connected lung cancer.

The Board found that the veteran's death from pancreatic and lung cancers was not caused by ionizing radiation exposure during service, nor could it be presumed due to a radiogenic disease. The claim for service connection for the cause of death is denied.

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

The Board has reopened the veteran's claim of service connection for a respiratory disability, including loss of a lung. The case is remanded to determine if his current condition is related to military service.

The Board has remanded the case for additional development due to inadequate VCAA notice and incomplete medical evidence.

The Board found that the veteran's service-connected conditions did not cause or contribute to his death, and thus denied the claim for service connection for the cause of the veteran's death.

The veteran's claims for service connection are being remanded due to the need for further development regarding exposure to Agent Orange and the appropriate evidentiary procedures.

The Board has granted an effective date of June 1, 1999 for the award of service connection for cause of the veteran's death due to Agent Orange exposure.

The Board has determined that further development of the record is required before deciding the veteran's claims for service connection for colon cancer and lung cancer due to Agent Orange exposure.

The veteran's claim for an earlier effective date for the grant of service connection for lung cancer due to exposure to herbicides in Vietnam was denied as there is no legal basis for such a retroactive award.