Lung cancer decisions — 2007

The Board has determined that additional development is needed to determine if the veteran's death was caused by service-connected conditions, including exposure to asbestos or ionizing radiation. The case will be returned for further action.

The Board has reopened the claim for service connection for cause of death due to new and material evidence, but finds that service connection is not warranted as there is no competent evidence showing a link between any diagnosed conditions and active service.

The Board has denied the appellant's request for an earlier effective date of April 1, 1999 for the grant of service connection for lung cancer due to lack of evidence indicating a prior claim.

The Board denied service connection for the veteran's claimed lung cancer and emphysema, diagnosed as COPD, finding that there was no evidence linking these conditions to his military service.

The Board denied the veteran's claims for service connection for a lung disability, including chronic obstructive pulmonary disease and lung cancer, as well as degenerative changes of the cervical spine. The evidence did not support a finding that these conditions were related to herbicide exposure or service.

The veteran's appeal for increased ratings for his service-connected lumbar spine disability is dismissed as he has withdrawn the appeal. The lung cancer claim remains pending.

The Board denied service connection for the cause of death and entitlement to DIC benefits under 38 U.S.C.A. § 1318 due to lack of evidence showing a direct relationship between the veteran's service-connected conditions and his death, as well as the prohibition on claims received after June 9, 1998, where the death is attributable to use of tobacco products during service.

The Board has granted service connection for lung cancer due to herbicide exposure, but the claim is still pending as it involves a request for an initial compensable rating.

The Board found that there was no medical evidence or competent opinion linking the veteran's fatal lung cancer and COPD to service, resulting in a denial of the claim for service connection for the cause of the veteran's death.

The veteran's PTSD is rated at 70 percent, the maximum schedular rating available. The RO has also granted TDIU based on his service-connected disabilities.

The veteran died of lung cancer, which was not service-connected. The Board found no evidence to support a finding that the veteran's death was caused by any service-connected disability.

The veteran's claim for a higher initial evaluation for residuals of lung cancer was granted, with the effective date set at November 26, 1986. The rating assigned is 100 percent from that date until September 21, 1989.

The veteran was not eligible for Veterans Mortgage Life Insurance (VMLI) because he had not been granted a specially adapted housing grant before his death, and the necessary information to approve such a grant were not known at the time of his death.

The VA has granted a 10 percent disability rating for lung cancer, status-post right upper lobectomy from October 15, 2001 to July 10, 2002.

The Board has granted the appellant's claim for accrued benefits based on service connection for lung cancer with metastasis due to tobacco use in service, as established by evidence at the time of the veteran's death.

The Board has remanded the case due to incomplete records and a need for proper VCAA notice.

The Board found that the veteran did not serve in Vietnam and thus could not establish exposure to Agent Orange. The cause of death, metastatic kidney cancer, was not service-connected as there is no evidence of its presence during service or for decades thereafter. Lung cancer, claimed by the appellant, also had no service connection.

The veteran's death was caused by lung cancer, which is not service-connected due to his use of tobacco products during service. The claim for DIC under 38 U.S.C.A. § 1318 is also denied as the veteran did not meet the criteria for receiving benefits.

The Board has determined that the veteran's lung cancer, which caused his death in January 2002, was related to his exposure to carcinogenic chemicals, specifically chromium VI, during service. As a result, the claim for service connection for cause of death is granted.

The Board denied the veteran's claims for service connection for cause of death and DIC benefits under 38 U.S.C.A. § 1318, finding that his death was not caused by a disease or injury incurred in or aggravated by military service, including as secondary to herbicide exposure.