Lung cancer decisions — 2007

The Board has remanded the case due to incomplete medical records and a need for further review of the veteran's service and medical history, including his smoking habit.

The Board denied the veteran's claims for service connection for PTSD and a compensable initial rating for residuals of lung cancer, finding insufficient evidence to support these claims.

The veteran's lung cancer was granted service connection at a 100% rating effective September 8, 2002. The claim for accrued benefits is denied as the effective date cannot be earlier than January 1, 2002.

The Board found no evidence linking the cause of death to service or a service-connected condition, thus denying the claim for service connection for the cause of the veteran's death.

The veteran's death was due to metastatic lung cancer, which developed and progressed despite treatment. The VA did not cause the sepsis that led to his death.

The Board has granted service connection for squamous cell non-small cell lung cancer, which is currently being treated with chemotherapy. The veteran's testicular and tongue cancers are not related to his military service or exposure to herbicides.

The Board found that the veteran's lung cancer is not related to his military service, including exposure to non-iodizing radiation. The preponderance of evidence does not support a finding of service connection.

The Board has determined that further development is needed before the claims can be adjudicated, including obtaining medical records and providing proper VCAA notice.

The Board has determined that additional development is needed to determine if the veteran served in Vietnam and to obtain his terminal hospital records. The appeal will be remanded for these purposes.

The Board found no evidence to support a connection between the veteran's service-connected conditions and his death, nor did any other condition cause or contribute substantially to his death. The claim for service connection for the cause of the veteran's death is denied.

The veteran's death prevented the issuance of a certificate of eligibility for financial assistance in purchasing an automobile or other conveyance and necessary adaptive equipment, as his claim was pending at the time of his death.

The veteran's lung cancer, diagnosed in 1999 and presumed to be due to herbicide exposure during service, did not manifest within the 30-year presumptive period. The appellant's claim for accrued benefits is denied as there were no unpaid periodic monetary benefits at the time of the veteran's death.

The Board has determined that the veteran's current lumbar spine disability and lung cancer are not related to service, and thus denied his claims for service connection.

The Board denied the veteran's claims for service connection for PTSD and an increased evaluation for duodenal ulcer and hiatal hernia, finding that there was no current diagnosis of PTSD due to in-service stressors. The claim for a higher rating for duodenal ulcer and hiatal hernia was granted.

The Board has determined that the appellant's claims for dependency and indemnity compensation for the cause of the veteran's death and dependents' educational assistance are inextricably intertwined. The case is being remanded to obtain a copy of the May 2004 autopsy report, which may provide confirmation of the veteran's conditions.

The veteran's appeal is remanded for additional development, including a VA examination and consideration of his claims for increased COPD rating and service connection for lung cancer.

The Board found that the veteran's death was not caused by a service-connected disability and denied the claim.

The Board found that the reduction from a 100% to a 60% rating for non-small cell lung cancer due to asbestos exposure was proper, but only with an effective date of July 31, 2004. The veteran's request for restoration of the 100% rating is denied.

The appeal has been dismissed as the appellant withdrew it prior to a decision being made.

The veteran's claims for service connection are being remanded due to the need for additional development, including verification of his involvement in plane crashes and his service in Vietnam. The medical examination is needed to determine the current status of his back condition and BALT lymphoma.