Lung cancer decisions — 2010

The Veteran's death is being reviewed for service connection, and the appellant seeks DIC benefits under a specific law. The VA is also considering whether to provide burial benefits.

The Board denied the appellant's claim of service connection for the cause of the Veteran's death due to lack of new and material evidence, as well as the absence of a presumptive link between Agent Orange exposure and the Veteran's cancer.

The Board has granted service connection for bilateral hearing loss and lung cancer, but denied service connection for tinea versicolor due to lack of evidence linking the condition to service or presumptive exposure.

The Veteran's death was caused by lung cancer, colon cancer, and prostate cancer. Lung cancer is considered a service-connected disability due to presumed exposure to herbicides during service in the Republic of Vietnam.

The Veteran's death was not initially recognized by VA until a DIC claim was filed on June 13, 2006. The effective date for the award of DIC benefits is denied as it cannot be earlier than the date of receipt of the claim.

The Board has remanded the case due to inadequate medical opinion and incomplete review of the Veteran's complete medical history, including his treatment records from 1998 to 2001, the treatment records of his service-connected lung disability, and his history of cigarette smoking.

The Veteran's prostate cancer is not service-connected due to lack of evidence linking it to his military service. His lung cancer claim is remanded as further development is needed.

The Veteran's death was not service-connected, and burial benefits based on the cause of his death are denied.

The Board finds that the Veteran's residuals of lung cancer are as likely as not a result of active service, including possible exposure to radon and ground contaminants in Guam. Service connection is granted.

The Veteran's lung cancer, presumed to be caused by Agent Orange exposure during service, was found to have contributed substantially to his death. However, the Veteran did not meet the criteria for DIC under 38 U.S.C.A. § 1318 as he had not been rated as totally disabled due to a service-connected condition for at least 10 years immediately preceding his death.

The Veteran's death was caused by lung cancer with brain metastasis, which is likely due to asbestos exposure during his service. The Board has granted DIC benefits based on this cause of death and established basic eligibility for DEA benefits under Chapter 35.

The Board has remanded the case to the RO for further development and consideration of the appellant's claims, including proper VCAA notice.

The Veteran's death was not caused by a service-connected disability, and the appellant did not meet the criteria for dependency and indemnity compensation under 38 U.S.C. § 1318.

The Veteran's cause of death was not service-connected, and he did not meet the requirements for nonservice-connected death pension benefits.

The Veteran's appeal for a higher disability rating for lung cancer residuals was pending at the time of his death. His April 2005 pulmonary function test results supported an award of a 60 percent disability rating, which is granted as accrued benefits.

The Board denied the claim for service connection for the cause of the Veteran's death, finding that there was no evidence linking his cancers to his military service or exposure to herbicides.

The Board denied the appellant's claims for an effective date prior to June 1, 2007 for payment of service-connected death benefits and accrued benefits due to lack of legal merit.

The Board denied the appellant's claim for service connection for cause of death, finding that there was no evidence showing a service-connected disability contributed to the Veteran's death. The appeal is dismissed.

The Veteran died of lung cancer, which was not service-connected. The Board found no evidence linking the lung cancer to his military service or any exposure to herbicides.

The Veteran's claim for TDIU is being remanded due to the recent service connection for small cell lung cancer and its impact on his employment.