Lung cancer decisions — 2010

The Veteran's lung cancer was not incurred in or aggravated by his military service and may not be presumed to have been incurred in service, including from Agent Orange exposure.

The Board has remanded the case for additional development, including obtaining private treatment records from a hospice facility and providing an opinion on whether residuals of the right hemispheric stroke caused, aggravated, or hastened the fatal lung cancer.

The Veteran died from small cell lung cancer, but there is no evidence of service-connected disability or exposure to herbicides in Vietnam. The Board denied the claim for service connection for the cause of death.

The Board has determined that the Veteran's death was not caused by exposure to Agent Orange during his service, and therefore denied the claim for service connection for cause of death.

The Board found that the Veteran's lung cancer was not caused by service-connected conditions or exposure to Agent Orange, and thus denied service connection for the cause of death.

The Veteran's bilateral sensorineural hearing loss was found to have its onset in service and is therefore granted service connection. The lung cancer claim remains pending as the issue of whether it pre-existed service or underwent an increase in severity during service has not been resolved.

The Board denied the Veteran's claims for service connection for asbestos-related lung disease, lung cancer, and colon cancer. The decision found that his current conditions were not incurred or aggravated by service.

The Board has remanded the case due to incomplete development and requested additional evidence, including obtaining a GAO report and medical records. The Veteran's lung cancer is being evaluated for its onset during service or relation to in-service disease or injury, including exposure to asbestos.

The Board finds that the Veteran's fatal lung cancer was not related to his service or any of his service-connected disabilities. Therefore, the cause of death is not attributable to service.

The Veteran's claim for a total disability rating based on individual unemployability due to service-connected disabilities was denied as his service-connected conditions do not meet the criteria for TDIU.

The Board has determined that the Veteran's exposure to asbestos in service contributed to his metastatic small cell lung cancer, which was the underlying cause of his death. Therefore, service connection for the cause of the Veteran's death is granted.

The Board denied the Veteran's claims for service connection for cancer of the left kidney and residuals of a left nephrectomy, as well as lung cancer. The evidence did not support a finding that these conditions were related to herbicide exposure or service.

The Veteran's claims for service connection were denied as there was no evidence of a nexus between the claimed conditions and his military service.

The Veteran's service-connected lung cancer and subsequent cardiovascular disease (atrial fibrillation) substantially contributed to his fatal cerebral hemorrhage, which resulted in his death. The Board finds that the medical evidence supports a finding of service connection for cause of death.

The Veteran's lung cancer claim will be remanded for further verification of his service in Vietnam, and then the Board will consider whether new evidence supports reopening the case.

The Board has remanded the case for further development, including obtaining service personnel records and a medical opinion regarding the calcification noted shortly after service. The appeal is now pending again with the RO/AMC.

The Veteran's lung cancer was not found to be related to service or Agent Orange exposure, and the claim is denied.

The Veteran's lung cancer claim is being remanded due to the need for further development regarding potential exposure to ionizing radiation during service.

The Veteran's lung cancer, which caused his death, was found to be related to asbestos exposure during his military service. The claim for DIC benefits is granted.

The Veteran's splinting with breathing disability is rated at 100 percent, the highest rating available under VA guidelines.