Lung cancer decisions — 2008

The veteran's appeal has been withdrawn, and the case is dismissed as a result.

The Board has denied the reopening of a claim for service connection for the cause of the veteran's death and also denied the application for special monthly pension benefits based on need for aid and attendance or housebound status. The appellant must provide additional evidence to reopen her claim for service connection.

The Board has remanded the case due to a lack of medical opinion regarding whether lung cancer was or was not a contributing cause of the veteran's death. The appellant argues that lung cancer may have been the primary site of the veteran's cancer, making it a contributory cause of his death.

The Board has remanded the case due to inextricably intertwined issues and additional development is needed, including verification of Fort Ord contamination and a VA medical opinion on whether the veteran's lung cancer and/or chronic obstructive pulmonary disease are related to exposure at Fort Ord.

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

The Board has reopened the claim of service connection for lung cancer due to new evidence showing participation in a radiation-risk activity during service. The presumption of service connection is applied, and the veteran's lung cancer is granted as presumptive.

The Board denied an initial compensable rating for hearing loss, but granted service connection and a noncompensable rating for bilateral hearing loss. The lung cancer claim is pending as new evidence has not been submitted to reopen the flat feet claim.

The Board granted service connection for the cause of death secondary to nicotine dependence, effective March 27, 2000. The DIC claim was dismissed as moot.

The Board has reopened the veteran's claim for service connection of peptic ulcer disease and found that new and material evidence has been received. The lung cancer claim remains denied.

The Board found that the veteran's lung cancer did not manifest within one year of separation from service and was not related to his in-service asbestos exposure. The claim for service connection is denied.

The veteran's claims for service connection for lung cancer and prostate cancer were not granted prior to the effective dates of the presumptive provisions, so an earlier effective date is denied.

The Board found that the veteran's lung cancer, which caused his death in 2005, was not service-connected due to lack of evidence linking it to military service or asbestos exposure. The cause of death is therefore not attributable to service.

The veteran's lung cancer/lung condition was not incurred or aggravated by service, and the cause of death due to non-small cell lung cancer is not attributable to a service-connected disability. The claim for accrued benefits purposes is denied.

The Board found that the reduction to zero percent for residuals of lung cancer was not proper, and determined that a 30% disability rating is warranted from November 1, 2005.

The Board found that the cause of the veteran's death, lung cancer, was not related to his service-connected squamous cell carcinoma of the epiglottis or nicotine dependence acquired in service. As such, the appellant's claim for service connection for the cause of the veteran's death is denied.

The Board found that the veteran's lung and colon cancers are not related to his military service, including exposure to herbicides.

The Board has remanded the case for further development, including a VA examination to determine if the veteran was exposed to asbestos during service and whether his death from lung cancer is related to this exposure.

The Board found that the veteran's current respiratory condition and lung cancer are not related to asbestos exposure in service, thus denying his claim for service connection.

The Board denied the veteran's claims for service connection for lung cancer, a skin rash involving the inner thighs, and a bilateral leg disorder with weakness. The decision found that there was no evidence linking these conditions to his active service.

The Board found that the cause of the veteran's death was not related to his military service or any presumptive conditions due to his POW status. The appellant failed to submit competent medical evidence linking her husband's death to a service-connected condition.