Lung cancer decisions — 2007

The Board has determined that the cause of the veteran's death, metastatic melanoma, was not caused by or related to his military service and therefore denied the claim for service connection.

The veteran's service-connected pulmonary tuberculosis is shown to have been etiologically related to the cause of his death from non-small cell lung cancer. As such, service connection for the cause of the veteran's death is granted.

The Board found that the veteran's death was not caused by, or substantially or materially contributed to by, a disability incurred in or aggravated by his active duty service. The cause of death was listed as lung cancer.

The veteran's appeal has been withdrawn by his representative, and as such, the Board does not have jurisdiction to proceed with the decision.

The veteran's death was not caused by any service-connected disability, and the criteria for DIC under 38 U.S.C.A. § 1318 were not met.

The veteran's appeal was dismissed due to his death.

The Board found that the cause of the veteran's death, metastatic lung cancer, was not caused or materially contributed to by any service-connected disability.

The Board denied an evaluation in excess of 30 percent for residuals of lung cancer for the period beginning on March 26, 2003.

The Board has determined that the veteran did not have service in Vietnam and thus cannot be presumed to have been exposed to Agent Orange. The cause of death, lung cancer and metastatic renal cell adenocarcinoma, was not shown during or within one year after service. There is no medical evidence linking these conditions to the veteran's military service.

The veteran's lung cancer claim is being remanded for additional development to address the adequacy of the December 2000 VA examination and to obtain private medical records from Drs. S.L.A. and S.P.J.

The veteran's death was caused by service-connected lung cancer, and the appellant is eligible for Dependents' Educational Assistance (DEA) benefits.

The VA denied the veteran's claim for an initial rating in excess of 10 percent for postoperative residuals of non-small cell lung cancer, finding that his disability did not meet or approximate the criteria for a higher evaluation.

The Board has determined that the veteran does not have lung cancer or basal cell carcinoma, and his COPD is presumed to be due to service-connected vocal cord cancer treatment. The claim for secondary service connection for COPD is granted.

The Board has remanded the case for further development, including obtaining a medical opinion to address whether the veteran's service-connected conditions contributed to his death and considering all submitted evidence.

The Board has determined that the veteran's service-connected conditions did not cause or contribute to his death from lung cancer.

The veteran died in June 17, 1989. The claim for DIC benefits was received within one year of the death and is considered a Nehmer class member. The effective date for the award of DIC benefits is set as the first day of the month in which the veteran died, which is June 1, 1989.

The Board found that the veteran's lung cancer, which caused his death in October 1999, was not service-connected and denied both the cause of death claim and the DIC benefits under 38 U.S.C.A. § 1318.

The Board found no evidence linking the veteran's service or his service-connected disabilities to his death, and denied the claim for service connection for the cause of the veteran's death.

The Board has determined that the veteran's bladder cancer, which was related to his military service, substantially or materially contributed to cause his death. Therefore, service connection for the cause of the veteran's death is granted.

The Board denied service connection for lung cancer due to Agent Orange exposure and the effective date for DIC benefits, finding that there was no competent evidence of a nexus between the veteran's lung cancer and his military service. The claim is denied as the presumptive period for respiratory cancers associated with Agent Orange exposure had been lifted.