Lung cancer decisions — 2009

The VA treatment provided to the Veteran prior to his death did not result in additional disability that caused or contributed to his death. The Board finds no fault on the part of VA and no unforeseeable event occurred during the provision of care.

The Veteran died with no service-connected disabilities and did not meet the criteria for VA burial benefits as his death was not due to a service-connected disability, he was not in receipt of VA compensation or pension at the time of his death, and there is insufficient evidence to support an award of such benefits prior to his death.

The Veteran's death was not caused by a service-connected disability, and the criteria for DIC under 38 U.S.C.A. § 1318 were not met.

The Veteran's death was due to service-connected lung cancer, and the maximum burial allowance of $2,000 is granted. The appellant's request for more than this amount is denied as it exceeds the legal limit.

The Veteran's appeal is remanded for further development, including obtaining VA treatment records and SSA disability benefits information. The case will be readjudicated after the additional development.

The Veteran died of lung cancer with brain metastasis. The Board found no evidence to support service connection for the cause of death, as there was no in-country service in Vietnam and no evidence linking his death to service.

The Board finds that the Veteran's extensive stage small cell lung cancer, which caused his death in March 2005, is due to herbicide exposure during service and grants service connection for the cause of the Veteran's death.

The Board has determined that the Veteran had active service in Vietnam, and therefore his death from lung cancer is presumed to be due to exposure to herbicides during service. As a result, the claim for service connection for the cause of the Veteran's death is granted.

The Board has remanded the case due to the need for additional medical evidence regarding the appellant's current condition and its impact on her ability to require regular aid and attendance.

The Veteran's appeal was dismissed due to his death while the case was pending before the Board.

The Board has determined that the Veteran's asbestosis and lung cancer are related to asbestos exposure in service, resolving all reasonable doubt in his favor.

The Board denied the appellant's claim for service connection for the cause of her husband's death due to lung cancer, finding that there was no evidence showing a direct link between his military service and his death.

The Veteran's lung cancer is presumed to be due to herbicide exposure in service. The issue of a retained foreign body in the left foot has been withdrawn.

The Board has ordered the case to be remanded for further development, including obtaining a medical opinion regarding the relationship between the Veteran's death and service or service-connected disability.

The Board finds that the Veteran's service-connected residuals of a gunshot wound to the chest with moderate damage to Muscle Group XXI and retained foreign bodies did cause or contribute substantially or materially to his death, resolving all doubt in favor of the Appellant.

The Veteran's lung disorder, including lung cancer, is being remanded for further review due to new evidence received from his private physician.

The Board found that the Veteran's death was not caused by a service-connected disability or one presumed to have been incurred during military service. The cause of death, cardiopulmonary arrest due to metastatic lung cancer, is not related to his military service.

The Veteran's death was not caused by or substantially contributed to by a service-connected condition, as he had no active lung cancer at the time of his death. His bronchial asthma is service connected and considered the principal cause of death.

The Veteran's death was not caused by a service-connected disability, and the appellant did not meet the requirements for VA death benefits under 38 U.S.C.A. § 1318.

The Veteran's death was not caused or aggravated by service, including a service-connected disability. The cause of death listed on his death certificate is hypoxemia due to aspiration pneumonia, non-traumatic; end stage lung cancer; and atrial fibrillation.