Lung cancer decisions — 2009

The Veteran's service-connected disabilities did not cause or contribute to his death. The Board found no causal link between the Veteran's service-connected conditions and the arteriosclerotic heart disease that caused his death, nor was there evidence of continuity of symptomatology post-service.

The Board has remanded the case due to insufficient medical evidence regarding whether the Veteran's service-connected right shoulder shrapnel wound caused or contributed to his death from lung cancer, arteriosclerotic heart disease and Type II diabetes mellitus.

The Board has determined that the Veteran's right kidney disability and left lung cancer are not related to his military service.

The Veteran's residuals of lung cancer, post-surgical right lower lobectomy, were rated at 10 percent from September 2, 2004 to September 26, 2007. Since September 27, 2007, the rating was increased to 30 percent.

The Veteran's asthma, COPD, and lung cancer are being remanded for further development due to the need for a VA examination. The appeal is not about service connection via a presumption like PACT Act/Agent Orange/Camp Lejeune.

The VA determined that the Veteran's lung cancer residuals do not result in any significant impairment of respiratory function, and thus does not warrant a compensable evaluation.

The cause of the Veteran's death was not related to any service-connected condition, and his COPD and lung cancer were not considered directly related to service.

The Veteran's claim for an effective date prior to November 13, 2005 for service connection of lung cancer is denied as the earliest possible effective date provided by law has already been assigned.

The Board denied the claim for service connection for the cause of the Veteran's death due to lung cancer and myocardial infarction. The evidence did not support a finding that the Veteran's in-service radiation exposure caused or contributed substantially or materially to his death.

The Veteran's claim for service connection for recurrent acute bronchitis and COPD was reopened, and the Board found that these conditions were incurred in service. The claim for lung cancer was not addressed as it is not related to his service-connected sinusitis and rhinitis.

The Board has determined that additional development is needed to determine if the Veteran's lung cancer was related to his service, including possible asbestos exposure and VA negligence in diagnosing the condition.

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

The Board denied the Veteran's claim for service connection for lung cancer, including as due to asbestos exposure, finding that his adenocarcinoma of the left lung was not present in service or until many years after service separation and there is no competent evidence linking it to asbestos exposure.

The Veteran's death from lung cancer with distant metastasis is not service-connected, as there was no evidence of exposure to Agent Orange or other herbicides during his military service.

The Board found that the reduction of the Veteran's lung cancer rating from 100% to 10% was proper, and denied his claim for a higher rating since December 1, 2004.

The Board found that the Veteran's death from metastatic lung cancer with metastatic disease to the brain and jaw was not caused or contributed to by a service-connected disability, as there is no evidence of herbicide exposure during his active duty.

The Board has remanded the case for additional development, including obtaining SSA records and VA treatment records, as well as a medical opinion regarding the Veteran's cause of death. The appellant is seeking service connection for the cause of her husband's death and entitlement to Dependents' Educational Assistance.

The Veteran's death was caused by metastatic lung cancer, and the Board is remanding the case for further development to determine if there is a relationship between his service-connected cold injury residuals or any exposure to Mustard Gas or ionizing radiation.

The Veteran died from small cell lung cancer and was not entitled to VA compensation or pension benefits at the time of his death. The appellant's application for burial allowances was denied as he did not meet the criteria for a VA burial allowance, nor was a nonservice-connected burial allowance warranted.

The Board denied service connection for the cause of death due to the Veteran's PTSD, and denied DIC benefits under both sections 1310 and 1318. The Veteran's lung cancer was not related to his service-connected PTSD.