Lung cancer decisions — 2011

The Veteran's death was not caused by a service-connected disability, and the appellant is not entitled to dependency and indemnity compensation or nonservice-connected death pension benefits.

The Veteran's bilateral hearing loss had its onset in service and the Board has granted service connection for this condition.

The Board found that the Veteran's lung cancer, ASHD and diabetes mellitus did not have a direct relationship to his service-connected right shoulder shell fragment wound. The medical evidence did not support a connection between these conditions and the Veteran's service.

The Board has determined that additional development is necessary to determine if the Veteran was exposed to herbicide agents during his service in Thailand, which could potentially impact his claim for cause of death. The case is being remanded for this purpose.

The Veteran's squamous cell carcinoma, including lung cancer, is granted service connection due to presumed exposure to herbicides during his Vietnam-era service.

The Veteran's appeal is being remanded for additional development, including obtaining VA and private medical records, scheduling a VA examination, and affording the Veteran another opportunity to submit evidence.

The Veteran's lung cancer is not attributable to his military service, including asbestos exposure, nor may it be presumed to have occurred therein.

The Veteran's cause of death, small cell lung cancer, is presumed to be related to his service due to exposure to herbicides in Korea. As a result, the Board has granted service connection for the cause of the Veteran's death.

The Veteran died from lung cancer and was not in receipt of VA compensation or pension benefits at the time of his death. Therefore, he is not eligible for nonservice-connected burial benefits.

The Veteran's lung cancer, which was a result of VA medical care, hastened his death and the Board has determined that he is entitled to VA disability compensation for this condition under the provisions of 38 U.S.C.A. § 1151 for the purpose of accrued benefits.

The Veteran's lung cancer, residuals, is related to his in-service asbestos exposure and the claim for service connection is granted.

The Veteran's claims for earlier effective dates for service connection and total disability rating are being remanded due to the need for additional development.

The Board has granted the appellant's request to reopen her previously denied claim of service connection for the cause of the Veteran's death and has determined that lung cancer, presumed due to exposure to an herbicide agent during service in Vietnam, is a compensable condition.

The Board found that the Veteran's lung cancer and asbestosis were not incurred or aggravated by service, including exposure to asbestos. The evidence did not support a finding of direct service connection.

The Board has determined that the reduction of the Veteran's disability rating from 100% to 30% for right upper lung lobectomy status post lung cancer with COPD was proper. The current effective date is December 1, 2009. The Veteran does not meet the criteria for a higher than 30% evaluation for his residual scar.

The Board has determined that an effective date of April 21, 2001 is granted for the grant of service connection for the cause of the Veteran's death.

The Veteran's claim for service connection for lung cancer, which he claims is related to his military service and exposure to herbicide agents in Korea, has been remanded due to the need to determine if he served in a unit that operated near the Korean DMZ where herbicides were applied.

The Board found that lung cancer was not incurred in or aggravated by service, and may not be presumed to have been incurred during service.

The Veteran's appeal for service connection for lung cancer has been dismissed due to his death.

The Board has determined that the Veteran's service-connected schizophrenia contributed substantially or materially to his death from lung cancer, and thus grants service connection for the cause of the Veteran's death.