Lung cancer decisions — 2010

The Veteran's lung cancer, presumed due to herbicide exposure in Vietnam, is found to have materially contributed to his death from cardio respiratory arrest.

The Veteran's service-connected schizophrenia contributed to his lung cancer, which caused his death. The Board found that the Veteran's long-term tobacco use was due to his service-connected schizophrenia.

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

The Board has remanded the case due to a need for additional development regarding potential exposure to ionizing radiation during nuclear testing.

The Veteran's appeal is being remanded for additional development, including obtaining VA treatment records and conducting medical examinations to address the service connection claims. The case will be reconsidered after these actions.

The Veteran's death was not service-connected due to the cause of death being attributed to tobacco use, which began during service. The appellant also attempted to argue that defective hearing and a left knee disability contributed to his death, but these were not supported by medical evidence.

The Board has reopened the claim of service connection for the cause of the Veteran's death due to new and material evidence, including testimony suggesting a link between lung cancer and exposure to Agent Orange during service.

The Board has determined that the Veteran's lung cancer, which caused his death, was not incurred or aggravated by service. The appellant's claim for service connection for cause of death is denied.

The Board found that the Veteran did not meet any of the criteria for a burial allowance or plot/interment allowance due to his death from nonservice-connected causes and lack of eligibility for burial in a national cemetery.

The Board has remanded the case due to inadequate medical opinion regarding whether VA treatment caused a delay in diagnosis of lung cancer, which may have affected the outcome.

The Board found that the Veteran's COPD and lung cancer are not related to his service exposure to carbon tetrachloride and bromochloromethane, as well as his long history of smoking. The Board denied both claims.

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

The Board has remanded the case due to conflicting medical opinions and the need for additional development, including obtaining an opinion on whether the Veteran had type-II diabetes mellitus or ischemic heart disease. The cause of death is sepsis.

The Veteran's PTSD claim is granted as he has been diagnosed with PTSD due to a verified stressor incurred in service. The lung cancer claim remains pending, and the duodenal ulcer and hiatal hernia claim is granted.

The Veteran has withdrawn his appeal regarding the claims for higher ratings for PTSD and residuals of lung cancer, adenocarcinoma.

The Board denied the appellant's claim for service connection for cause of death due to metastatic non-small cell lung cancer, finding that it was not related to active service and did not contribute substantially or materially to the Veteran's death.

The Board has determined that the appellant's income exceeds the maximum annual pension rate, thus denying her entitlement to VA death pension benefits. The claim for service connection for the cause of the Veteran's death is being remanded due to incomplete development.

The Veteran's claim for service connection for lung cancer due to herbicide exposure in Thailand has been remanded. The VA needs to verify the Veteran's claimed exposure and determine if it qualifies as a new and material issue.

The Board found that the Veteran's death was not caused by a service-connected condition, and thus denied his claim for service connection for the cause of his death.

The Veteran's service-connected disabilities did not contribute substantially or materially to his death, and his death was not caused by a disability incurred in or aggravated by active service. The claim for DIC benefits under 38 U.S.C.A. § 1318 has also been denied.