Lung cancer decisions — 2009

The Veteran's lung cancer is service connected due to exposure to herbicides during his Vietnam service.

The Board found no evidence of a current diagnosis for skin cancer and denied the claim. The lung cancer claim was not developed under the radiation-exposed veterans presumption.

The Veteran's death was attributed to lung cancer, which is a radiogenic disease. The VA needs to determine if the Veteran was exposed to radiation in service and whether his lung cancer resulted from such exposure.

The Board found no evidence to support a relationship between the Veteran's lung cancer or residuals and his military service, thus denying his claim for service connection.

The Board has granted service connection for the cause of the Veteran's death due to lung cancer, which was presumed based on exposure to herbicides during service.

The Board has determined that further development is needed to determine if the Veteran's lung cancer contributed to his death, and whether service connection for cause of death should be granted.

The Veteran is seeking an increased evaluation for his service-connected squamous cell carcinoma, left helical rim (claimed as multiple myeloma/skin cancer). The case has been remanded due to the need for a VA examination and updated medical records.

The Board has remanded the case due to the need for additional development, including obtaining Social Security Administration (SSA) records related to the Veteran's disability benefits claim.

The Veteran's claim for an increased rating for his service-connected lung cancer was denied. The effective date of the grant of service connection remains April 7, 2006.

The Board found that the Veteran's death from squamous type lung cancer was not caused by or related to his active service, including any exposure to asbestos or radiation. The appellant's claim for service connection for the cause of the Veteran's death and her claim for recognition of D.W. as a helpless child were both denied.

The Board denied the Veteran's claims for service connection for flat feet and lung cancer, finding that new evidence did not warrant reopening of the flat feet claim and that lung cancer was not incurred or aggravated in service.

The Board found no credible evidence to support the appellant's claim that the Veteran served in Vietnam and thus, there was no basis for presumptive service connection based on herbicide exposure. The cause of death was determined to be metastic lung cancer, but it is not shown by the competent evidence of record to have been etiologically related to a disease, injury, or event in service.

The Veteran's lung cancer claim was denied as there were no active disease processes or vision impairment in his left eye. The initial compensable rating for the service-connected left eye disorder is also denied.

The Board has determined that the Veteran's lung cancer is not service-connected as it did not manifest during or within one year after his military service and there is no medical evidence linking the condition to any incident of service, including alleged exposure to asbestos.

The Veteran's death was not caused by a service-connected disability, and the appellant is not entitled to DIC benefits under 38 U.S.C.A. § 1318.

The Board has determined that the Veteran's lung cancer, which caused his death, is presumed to be related to service due to his participation in a radiation-risk activity during the occupation of Nagasaki. As such, the claim for service connection for the cause of death is granted.

The Veteran's death was caused by lung cancer, which is not service-connected. Other significant conditions contributing to his death (atherosclerotic heart disease, diabetes mellitus, hypertension, and chronic lung disease) are also not service-connected.

The Board found that the Veteran's death was not proximately due to VA carelessness, negligence, or error in judgment. The appellant did not provide sufficient evidence to support her claim.

The Veteran died from crushing injuries to the abdomen, with spinal stenosis and peripheral vascular disease contributing to his death. The appellant seeks service connection for the cause of her husband's death due to medications he was taking for these conditions.

The Board denied service connection for lung cancer and heart disease, finding no evidence of a current disability or a nexus to service. Lung cancer was not confirmed by biopsy, and heart disease was first noted many years after discharge.