Lung cancer decisions — 2010

The Board has remanded the case for additional development, including obtaining information about the Veteran's post-service occupations and scheduling a VA medical opinion regarding whether his lung cancer is related to asbestos exposure in service. The issues of entitlement to death pension benefits and accrued benefits are also being addressed.

The Board has determined that the Veteran's lung cancer, which is a radiogenic disease, was not caused by his exposure to ionizing radiation during service. Therefore, an earlier effective date for the grant of service connection for cause of death cannot be granted.

The Board denied service connection for the cause of the Veteran's death, finding that there was no evidence linking his lung cancer to his military service or any other condition.

The Veteran died of lung cancer, which was likely due to long-term occupational asbestos exposure post-service. The Board found that the preponderance of evidence indicated that the cause of death was not related to service.

The Board has determined that the Veteran's death was not caused by a disability incurred or aggravated in service, including any asbestos exposure. The lung cancer causing his death is considered to be unrelated to service.

The Board has remanded the case for further development, including obtaining medical records and determining whether the Veteran was exposed to herbicides during his service.

The Veteran's death was caused by respiratory failure, blastomycosis, lung cancer, and atrial fibrillation. The service-connected rheumatic heart disease inactive with residuals of rheumatic valvulitis and mitral incompetency did not cause or accelerate the Veteran's death.

The Board denied the Veteran's claims for service connection for lung cancer due to asbestos exposure and herbicide exposure, finding that there was no evidence of a nexus between his lung cancer and either exposure. The cause of death listed on his death certificate was lung carcinoma.

The Board denied service connection for the cause of the Veteran's death, finding that his service-connected peptic ulcer disease did not contribute substantially or materially to his death. The amended certificate of death listing peptic ulcer disease as a contributing factor was deemed insufficient evidence.

The Board has determined that additional development is needed to determine if the Veteran was exposed to asbestos during service and whether his fatal lung cancer may be related to such exposure. The case will be returned for further consideration.

The Veteran's lung cancer is presumed to have been caused by his service in Vietnam, and he is granted service connection for the condition.

The Board denied the Veteran's claims for service connection for bladder cancer and metastatic lung cancer, finding that there was no evidence linking these conditions to his military service or herbicide exposure.

The Veteran did not have a pending claim for service connection at the time of his death, and no evidence was found to support the claims for diabetes mellitus and lung cancer. Therefore, the accrued benefits claim is denied.

The Board denied service connection for the cause of the Veteran's death, finding that there was no competent evidence to support the appellant's assertion that shrapnel in the Veteran's lung caused his lung cancer and contributed to his COPD.

The Veteran passed away due to lung cancer. The appellant is seeking an earlier effective date for DIC benefits, which were granted on February 28, 2005. However, the RO/AMC must determine if a claim for death benefits was filed with Social Security Administration prior to the Veteran's death.

The Board found no evidence of service in the Republic of Vietnam, and thus denied service connection for the cause of death based on Agent Orange exposure. The Veteran's non-small cell lung cancer is not considered to be related to his military service.

The Veteran died in July 2002. The appellant filed a claim for Dependency and Indemnity Compensation (DIC) four years later, on September 15, 2006. As the claim was not received within one year of the Veteran's death, an earlier effective date is denied.

The Board denied the appellant's claim for a higher initial evaluation of 10 percent for lung cancer residuals, effective January 17, 2007, for accrued benefits purposes. The issue of service connection for coronary artery disease was also addressed but not decided.

The Veteran's death was not caused by a service-connected disability, and VA did not fail to timely diagnose or treat his cancer. Therefore, DIC benefits under both § 1151 and § 1318 are denied.

The Veteran's lung cancer is not service-connected as he did not serve in Vietnam and there is no evidence of exposure to herbicides. The claim is denied.