Lung cancer decisions — 2010

The Board denied the Veteran's claims for service connection for lung cancer, prostate cancer, diabetes mellitus, and gastroesophageal reflux disease due to exposure to Agent Orange. The evidence did not establish in-country service in Vietnam or credible evidence of such service.

The Veteran's claim for service connection for bilateral hearing loss was denied. The reduction from a disability rating of 100 percent to a disability rating of 30 percent for status post left upper lobectomy due to lung cancer is considered 'unknown' as the appeal does not specify whether this issue involves service connection.

The Veteran's appeal was dismissed due to the death of the appellant.

The Board has remanded the case due to issues related to accrued benefits and service connection for cause of death. The appellant's claims are pending further development.

The Veteran's death was caused by metastatic lung cancer, which is not service-connected. The Board finds that the Veteran's service-connected back disabilities did not contribute substantially or materially to his death.

The Veteran's cause of death was service-connected lung cancer. The appellant and her spouse exceed the DIC income limits, thus denying her claim for Parents' DIC.

The case is being remanded for further development of the Veteran's service records and death certificate, as well as obtaining medical opinions regarding the cause of death.

The Board denied the claim as lung cancer, considered to be due to metastasis from colon cancer, was not found to be a principal or contributory cause of death. The presumption of service connection based on Agent Orange exposure did not apply because there is affirmative evidence against a link between lung cancer and military service.

The Veteran's death is the reason for the dismissal of the appeal as the appellant has died. The issues regarding service connection for the cause of death and lung cancer are not before the Board due to the appellant's death.

The Board found no credible evidence of exposure to asbestos or mustard gas during service, and the Veteran's lung disease was not incurred in or aggravated by service. The claim for service connection is denied.

The Board denied the appellant's claim to reopen her service connection for the cause of the Veteran's death, finding that new and material evidence had not been presented.

The Veteran's death was caused by lung cancer, which is service-connected. The issue of DIC benefits under 38 U.S.C.A. § 1318 is moot as the cause of death claim has been granted.

The Veteran's service-connected cold injuries are considered to have contributed to his peripheral vascular disease, which in turn contributed to the cause of death due to lung cancer and pneumonia.

The Veteran's claims for service connection are being remanded due to the need for additional development, including obtaining private treatment records and scheduling VA examinations.

The Veteran's death was not caused by, or substantially or materially contributed to, by a service-connected disability. The Board found no evidence of herbicide exposure and concluded that the lung cancer did not have its onset during service.

The Board found that the Veteran's lung cancer was not incurred in or aggravated by service, nor may it be presumed due to exposure to contaminants. The claim for service connection is denied.

The Board found that the Veteran's metastatic colon cancer to the lungs was not incurred in or aggravated by active service, nor may it be presumed to have been incurred or aggravated therein. The preponderance of evidence does not support a finding that lung cancer represents a primary site.

The Board finds that the Veteran's cause of death, lung cancer, was not incurred in or related to his military service. The evidence does not establish exposure to Agent Orange during service and there is no other evidence linking the cause of death to service.

The Board found that the Veteran's death was not proximately caused by VA care or treatment, and thus denied the claim for DIC under 38 U.S.C.A. § 1151.

The Veteran's appeal is remanded due to unclear medical records and the need for a VA examination to determine the extent of his lung cancer disability.