Lung cancer decisions — 2008

The Board found no evidence that the veteran's lung cancer, which caused his death, was related to service or any event during service.

The Board denied service connection for the cause of the veteran's death, as well as for residuals of frostbite and PTSD, finding no evidence linking these conditions to his military service. The appellant was also found not eligible for Survivors' and Dependents' Educational Assistance.

The appeal was dismissed due to the death of the appellant.

The Board has determined that the veteran's asbestos exposure in service substantially and materially contributed to his death from large cell lung cancer, granting service connection for the cause of his death.

The Board has ordered a medical opinion regarding the cause of the veteran's death and has deferred consideration of the appellant's Dependents' Educational Assistance claim until the service connection for the cause of death is resolved.

The veteran's claims for service connection were denied, and the effective date for his service-connected lung cancer was set at June 7, 2004.

The Board found that the veteran's lung cancer is at least as likely as not due to his in-service exposure to asbestos, and granted service connection for lung cancer.

The veteran's cause of death was not service-connected, and he did not meet the eligibility criteria for Dependents' Educational Assistance. The Board denied both claims.

The VA determined that the veteran's service-connected chronic right obliterative pleurisy did not cause or contribute to his death from aspiration pneumonia, altered mental state, and other underlying conditions.

The veteran's lung cancer, which was due to exposure to Agent Orange, meets the criteria for service connection for accrued benefits purposes.

The Board denied the claim for service connection for the cause of the veteran's death, finding that there was not a preponderance of evidence showing that any service-connected disability contributed to or caused the veteran's death.

The veteran died of metastatic renal carcinoma, which the VA medical opinion found was not related to his service. The appellant claimed that prostate cancer and diabetes mellitus type II contributed to his death.,The veteran did not have a permanent total service-connected disability at the time of his death or die as a result of a service-connected disability.

The Board has determined that the veteran's cause of death, non-small cell lung cancer and chronic obstructive pulmonary disorder (COPD), was not related to his military service or exposure to Agent Orange. As a result, service connection for the cause of the veteran's death is denied.

The Board is remanding the case to further develop evidence regarding service connection for lung cancer as a result of exposure to ionizing radiation and DIC under 38 U.S.C.A. § 1318 due to the appellant's husband's death.

The Board denied the veteran's claim for service connection for lung cancer, loss of left lung, pulmonary infarcts, loss of a creative organ and scar tissue with numbness, to include as a result of exposure to Agent Orange due to lack of medical evidence linking these conditions to service.

The Board has determined that the veteran's death is not attributable to a disability incurred in or aggravated by service, and thus denied the claim for service connection for the cause of the veteran's death.

The veteran's appeal for a higher initial evaluation for his service-connected postoperative residuals of lung cancer was denied as the severity of his disability did not warrant an evaluation in excess of 30 percent.

The veteran's small cell lung cancer has been in remission since 2004, and the residuals do not result in FEV-1 of 56 to 70 percent predicted, FEV-1/FVC of 56 to 70 percent, or DLCO (SB) of 56 to 65 percent predicted. The reduction from 100% was proper and a 10% rating is appropriate.

The Board has determined that the veteran's death was caused by lung cancer and arteriosclerotic cardiovascular disease. However, due to a lack of medical opinion regarding the relationship between the veteran's military service and his arteriosclerotic cardiovascular disease, the case is being remanded for further review.

The veteran's appeal is being remanded for further examination to determine the current severity of his respiratory disability, as he testified that his condition has recently worsened.