Lung cancer decisions — 2010

The Board found that the Veteran's cause of death, lung cancer and hepatitis C, is not related to his service. The Board determined that there was no evidence linking these conditions to his military service.

The Veteran's appeal is being remanded for further development, including obtaining additional VA outpatient clinic records and a clarifying opinion from the examiner regarding whether service-connected lung cancer or lobectomy aggravates COPD.

The Board denied the appellant's claims for service connection for the cause of the Veteran's death and entitlement to an increased disability rating for his service-connected left knee disability, both for purposes of accrued benefits. The Board found that there was no evidence linking the Veteran's fatal lung cancer to in-service radiation exposure or military service.

The Board has determined that the appellant's income exceeds the maximum allowable for death pension benefits, and thus her claim is denied.

The Board has remanded the case due to additional development being required, including obtaining deck logs for the U.S.S. Kretchmer and providing updated notice as per Hupp v. Nicholson.

The Board denied the claim of service connection for the cause of the Veteran's death, finding that there was no evidence linking the lung cancer to military service or exposure to Agent Orange.

The Veteran's death was not due to a service-connected disability, and the appellant is not entitled to DIC benefits under 38 U.S.C.A. § 1318.

The Board found that the Veteran's cause of death, metastatic lung cancer, was not related to his military service and thus denied service connection for the cause of death.

The Veteran's cause of death, metastatic lung cancer, was not caused by or substantially contributed to by a service-connected disability. The Board found that the Veteran did not have asbestos exposure in service and concluded that his lung cancer was not related to any event, injury, or disease during service.

The Veteran's claim for special monthly compensation based on the need for aid and attendance was denied as he did not meet the criteria due to his service-connected disabilities. The Board found that the Veteran required regular aid and attendance due to a non-service-connected condition (metastatic lung cancer).

The Veteran's lung cancer, which caused his death, was not service-connected as it is not presumed to be due to Agent Orange exposure in Korea. The Board found the preponderance of evidence against the claim.