Lung cancer decisions — 2009

The Board found that March 16, 2002 is the earliest effective date assignable for the award of accrued benefits as a matter of law.

The Board denied service connection for lung cancer, diabetes mellitus, hypertension, psychiatric disorder, and stomach disorder as they were not related to the veteran's military service or asbestos exposure. The cause of death was also not linked to his service.

The Board found that the Veteran's death was not proximately due to or the result of a disease or injury incurred in service, and denied entitlement to service connection for the cause of his death.

The Board found that the Veteran's lung cancer, which was the cause of his death, was not related to his active military service and therefore denied service connection for the cause of the Veteran's death.

The Board denied the appellant's claim for service connection for the cause of her husband's death and also determined that she was ineligible for improved death pension benefits due to her income exceeding legal limits.

The Board denied service connection for the cause of the Veteran's death, as his lung cancer was not shown to be related to his military service and he did not set foot within the land borders of Vietnam during his service.

The Board denied entitlement to service connection for the Veteran's cause of death, as lung cancer began many years after service and was not shown to be the result of service or any incident of service, including alleged carcinogen exposure during service in Korea.

The Board found that the Veteran's death was not caused by, or substantially or materially contributed to by, a disability incurred in or aggravated by his active duty service.

The Board denied service connection for the cause of the Veteran's death, as there was no evidence linking his lung cancer to active service or Agent Orange exposure.

The Board remands the appeal to obtain additional evidence, including VA treatment records and information regarding potential Agent Orange exposure.

The Board granted service connection for the cause of the Veteran's death, finding that cigarette smoking caused lung cancer, which was a result of anxiety associated with PTSD.

The Board denied service connection for the cause of the veteran's death and entitlement to service connection for lung cancer, for purposes of accrued benefits.

The Board remands the claims for service connection for lung cancer, prostate cancer, diabetes mellitus, and gastroesophageal reflux disease to the RO/AMC for further development.

The Board denied the claim for service connection for cause of death, finding that lung cancer was not incurred in or aggravated by service and may not be presumed to have been incurred in service.

The Board denied entitlement to DIC benefits under 38 U.S.C.A. § 1151 and service connection for the cause of the veteran's death, finding no evidence that VA's care or transportation caused the veteran's additional disability or death.

The Board finds that the evidence is in equipoise as to whether the veteran's death was caused by a skin cancer etiologically linked to service, and grants service connection for the cause of the veteran's death.

The veteran's daughter was granted accrued benefits for lung cancer but denied for back disability.