Lung cancer decisions — 2007

The Board denied service connection for the cause of death due to multiple drug intoxication, finding that none of the veteran's conditions (diabetes mellitus, lung cancer, or psychiatric condition) were related to his military service.

The veteran's appeal is being remanded for additional development, including obtaining VA and private treatment records, and a new VA examination to assess his service-connected residuals from lung cancer.

The Board denied the appellant's claim to reopen her service connection for the cause of the veteran's death, finding that the evidence submitted was not new and material.

The Board has determined that the veteran's lung cancer, which was service-connected and contributed to his death, warrants service connection for the cause of his death.

The veteran's death was due to lung cancer, which became manifest within the required time period after his service in Vietnam. The effective date for DIC benefits is set at June 1, 2001.

The veteran was granted service connection for residuals of lung cancer and liver cancer, both effective from October 24, 2006.,An earlier effective date of September 29, 2006 for the grant of service connection for liver cancer has been granted.

The Board denied the veteran's claims for service connection for a right eye disorder and lung cancer, finding no evidence of in-service injury or disease. The claim for TDIU was also denied as there is no evidence that his service-connected disabilities preclude him from securing and following substantially gainful employment.

The VA medical expert determined that the veteran's service-connected disabilities did not contribute substantially or materially to his death, and thus denied the claim for service connection for the cause of death.

The veteran's lung cancer and metastatic right cerebellum tumor associated with lung cancer were granted service connection based on herbicide exposure, but the effective date is denied as there was no earlier claim found.

The Board has denied the claim for service connection for the cause of death due to lack of evidence linking any in-service injury or disease to the veteran's death.

The veteran's death was not caused by a service-connected disability, and the appellant does not have eligibility for Department of Veterans Affairs death pension benefits.

The veteran's service-connected PTSD played a material causal role in his continued use of tobacco products after service, which contributed to the development of fatal lung cancer. The Board grants service connection for the cause of the veteran's death.