Lung cancer decisions — 2007

The veteran's claims for service connection for adenocarcinoma of the sigmoid colon and rectum, lung cancer, and liver cancer are denied as they were not chronic in service or due to exposure to herbicides.

The Board denied service connection for the cause of the veteran's death due to a lack of evidence linking any in-service injury or disease to his lung cancer, which caused his death.

The veteran's death was caused by metastatic lung cancer, and the appeal is remanded for further development to clarify his periods of service.

The Board found that the veteran's death was not caused by or related to his service-connected chronic bronchitis, and thus denied service connection for the cause of the veteran's death.

The Board found that the veteran's cause of death, metastatic lung cancer and cardiovascular disease, were not service-connected. The appellant was also denied nonservice connected death pension benefits as she did not have qualifying active service for such purposes.

The veteran withdrew his appeal for service connection for lung cancer, which was the only issue on appeal. The Board dismissed the appeal as a result.

The Board found that the cause of the veteran's death, respiratory failure with COPD and lung cancer, was not related to his service. The COPD and lung cancer were not deemed to be directly related to his military service.

The Board found that the veteran's death was not caused by a service-connected disability.,Basic eligibility requirements for dependents' educational assistance under Chapter 35 were not met.

The Board has remanded the case due to insufficient medical opinions regarding whether the veteran's service-connected conditions contributed to his death, and because DIC under 38 U.S.C.A. § 1318 was not addressed in the April 2004 rating decision.

The Board has determined that the veteran's lung cancer, which was the underlying cause of his death, is related to his exposure to paint fumes during service. As a result, the claim for service connection for the cause of the veteran's death is granted.

The veteran's lung cancer, which was service-connected as the cause of his death, did not meet the criteria for accrued benefits due to its onset occurring more than 30 years after his last exposure to herbicides during service.

The Board has remanded the case to further develop evidence regarding the veteran's exposure to Agent Orange and his service connection claim for lung cancer.

The Board has determined that the veteran's lung cancer and prostate cancer were not related to his military service, including exposure to asbestos. As a result, the claims for service connection are denied.

The Board has remanded the case due to failure to fulfill duty to assist and inadequate compliance with previous remand directives.

The Board denied the veteran's claim for an earlier effective date for the grant of service connection for lung cancer, finding that no valid service connection claim was received by VA prior to July 28, 2004.

The Board denied the appellant's claim for service connection for the cause of her husband's death, finding that no service-connected disability caused or contributed substantially to his death.

The Board denied the claim for service connection for the cause of the veteran's death, finding that there was no evidence linking his death to any service-connected condition.

PTSD symptoms more nearly approximate a 50 percent rating.,The service-connected status post residuals of right radical orchiectomy for seminoma with embryonal carcinoma of the right testicle and atrophy of the left testicle with hypogonadism do not meet the criteria for a higher rating.,There is no evidence of a lung disorder (claimed as tuberculosis, sarcoidosis/pneumonitis, respiratory disorder, lung disorder, breathing problems, and lung cancer secondary to carcinoma of the right testicle) incurred in or aggravated by active military service. The claim may not be presumed to have been incurred in or aggravated by military service.,Chest pain is not a distinct disability for VA disability compensation purposes.,Peptic ulcer disease was not incurred in, or aggravated by, active military service. The claim may not be presumed to have been incurred in or aggravated by military service.,GERD was not incurred in or aggravated by active military service. The claim may not be presumed to have been incurred in or aggravated by military service.,Degenerative joint disease was not incurred in, or aggravated by, active military service. The claim may not be presumed to have been incurred in or aggravated by military service.,Low back pain is not a distinct disability for VA disability compensation purposes.,Claudication (also claimed as peripheral vascular disease) was not incurred in, or aggravated by, active military service. The claim may not be presumed to have been incurred in or aggravated by military service.,Obesity was not incurred in or aggravated by active military service.,Dyslipidemia is not a disability for VA disability compensation purposes.

The Board denied the claim for an effective date earlier than September 9, 1980, for service connection for the cause of the veteran's death due to the appellant filing a formal or informal claim more than one year after his death.

The Board has determined that the cause of the veteran's death, respiratory arrest with underlying causes of pulmonary embolus and lung cancer, was not caused or contributed to by any disability incurred in or aggravated by service.