Lung cancer decisions — 2008

The veteran's claim for a compensable initial evaluation for service-connected residuals of lung cancer and special monthly compensation based on loss of use of a creative organ was denied. The Board found that the veteran did not meet the criteria for special monthly compensation due to incomplete erectile dysfunction, which prevented him from losing use of a creative organ.

The veteran died from lung cancer due to tobacco abuse. The appellant's claim is denied as it was filed after June 9, 1998 and is barred by law.

The veteran's appeal is being remanded due to scheduling issues, and he will be given the opportunity for a videoconference hearing.

The Board found that the veteran's service-connected PTSD did not cause or contribute to his death, and thus denied the claim for service connection for the cause of his death.

The veteran's service-connected non-small cell lung cancer was granted effective December 10, 2004. The veteran died on January [redacted], 2005 and the only payment issued to him (January 2005) was returned due to his death. As a result, the appellant is not eligible for accrued benefits.

The Board found that the veteran's kidney cancer and metastatic lung cancer were not incurred in or aggravated by service, including from exposure to chemicals from medical research experiments. The preponderance of evidence indicated these conditions are unrelated to his military service.

The Board has remanded the case for further development to determine if the veteran was exposed to asbestos during service and whether his current lung disorders and psychological conditions are related to that exposure.

The Board denied service connection for the veteran's cause of death due to pancreatic cancer, lung cancer (presumed from Agent Orange exposure), and diabetes. The Board found that these conditions were not incurred or aggravated by service.

The veteran's lung cancer, which was a separate and primary cause of death, is found to be service-connected due to his exposure to herbicides during service.

The Board has determined that the veteran's death was not caused by a service-connected disability, and thus denied the claim for service connection for the cause of death.

The Board has determined that the veteran's fatal lung cancer was caused by his in-service asbestos exposure, and service connection for the cause of death is granted.

The Board denied the reopening of a claim for service connection for the cause of the veteran's death, finding that new evidence did not raise a reasonable possibility of substantiating the claim.

The veteran died from lung cancer with metastasis, which was not service-connected. The VA determined that the appellant is not entitled to a plot or interment allowance because the veteran did not meet all eligibility requirements for such benefits.

The Board denied service connection for the cause of the veteran's death due to lung cancer, finding that there was no evidence linking the condition to service or any incident therein. The lung cancer developed many years after service and is not considered service-connected.

The Board found that the veteran's death was not caused by his service-connected conditions, nor did it find any evidence linking his lung cancer to herbicide exposure. The Board also determined that there was no additional disability or death as a result of delay in treatment on October 23, 1998.

The Board denied the claim for service connection for the cause of the veteran's death, finding that carcinoma of the colon and lung cancer were not related to his military service. The diabetes mellitus was found to be unrelated to the veteran's death.

The veteran's death was caused by sudden cardiac death due to lung cancer, and the cause of death has been amended. The appellant contends that the veteran had radiation exposure during service which may have contributed to his death. The case is being remanded for further development including a review of the claims folder by a VA physician.

The Board found that the veteran's metastatic adenocarcinoma, involving the lungs, from colonic primary, was not incurred in or aggravated by active military service and is not presumed to have been so incurred due to Agent Orange exposure. The claim for PTSD was remanded as there was insufficient evidence to verify the alleged stressor.

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

The veteran died of lung cancer, which was presumed to be caused by Agent Orange exposure. The claim for service connection based on this presumption was denied due to the regulatory change that eliminated the requirement that the condition must have manifested within 30 years of exposure. The effective date for accrued benefits is set at November 12, 1999.