Lung cancer decisions — 2009

The Veteran's appeal was dismissed because he died during the pendency of his case.

The Veteran's claim for service connection for lung cancer was received on May 2, 2002. The effective date of the grant of service connection is therefore set at that date.

The Board has dismissed the appeal due to the death of the appellant.

The Board has determined that the effective date for the grant of service connection for the cause of the Veteran's death is March 1, 1990.

The Veteran's claims for service connection for colon cancer, liver cancer, and lung cancer were pending at the time of his death. The evidence does not establish a link between these conditions and active service or herbicide exposure.,The Board determined that there was no current diagnosis of lung cancer prior to the Veteran's death, and thus could not grant service connection for accrued benefits purposes.

The Veteran's claim for a total disability evaluation based on individual unemployability due to service-connected disabilities (TDIU) is granted, with a rating of 30 percent effective from November 13, 2006.

The Veteran's cause of death was not due to a service-connected disability, and the Board found that there was no evidence linking his lung cancer or pulmonary emboli to his military service.

The Veteran died of metastatic esophageal cancer, but there is no evidence linking lung cancer to service or exposure to herbicides. The Board denied the claim for service connection for cause of death.

The Board has determined that the Veteran's death was due to service-connected causes, with exposure to ionizing radiation during service being a contributing factor.

The Board has determined that additional development is needed to properly adjudicate the Veteran's claim for service connection for the cause of his death, including obtaining medical records from Dr. G.

The Veteran's claim for a higher rating for his service-connected back disability and special monthly compensation based on the need for aid and attendance of another person were both denied due to lack of evidence showing he required regular assistance or had incapacitating episodes.

The Veteran's small cell lung cancer, which was caused by radiation exposure during service, is presumed to be service-connected. The Veteran's death due to respiratory failure as a consequence of pneumonia and lung cancer is also considered service-connected.

The Veteran died from metastatic non-small cell lung cancer. The appellant claims that VA's failure to diagnose/delay in diagnosing the recurrence of the Veteran's lung cancer was negligent and hastened his death.

The Veteran's lung cancer is being remanded for further development, including a VA examination to determine if it is due to exposure to Agent Orange in Thailand. The claim will be reviewed again after this additional evidence is considered.

The Board denied the Veteran's claims for service connection for a lung disorder, COPD, and lung cancer due to lack of evidence in the file at the date of his death.

The Veteran's death was not caused by a service-connected disability, and he did not have pending claims for benefits at the time of his death. Therefore, he is denied entitlement to service connection for cause of death, burial benefits, pension benefits, and accrued benefits.

The Board denied service connection for the cause of the Veteran's death, finding that there was no evidence linking lung cancer or respiratory failure to his active service.

The Board found that the Veteran's lung cancer was not caused or aggravated by service-connected disabilities and denied his claim. The Board also determined there was no evidence of exposure to depleted uranium during service, thus denying the radiation exposure presumption.

The Board is remanding the case to develop evidence regarding the Veteran's service connection claims, including his exposure to asbestos and any other substances or chemicals during service.

The Veteran's death was caused by lung cancer with metastasis, which is not service-connected. The appellant does not meet the income requirements for nonservice-connected death pension benefits and has no accrued benefits due.