Lung cancer decisions — 2011

The Veteran's death is being reviewed for potential service connection, but the VA has not determined if he was exposed to asbestos during his military service. The case is being remanded to gather this information and provide a medical opinion on whether any asbestos exposure played a role in his death.

The Board found that the Veteran's squamous cell lung cancer and polycythemia were not incurred in or aggravated by his active duty service, nor are they otherwise related to service.

The Board denied the appellant's claims for service connection for lung cancer and compensation under 38 U.S.C.A. § 1151 for amputation of fingers and a seizure disorder, finding that there was no evidence to support the claim.,The appellant argued that his conditions were related to VA treatment or exposure, but the Board found insufficient evidence to establish fault on the part of VA.

The Board has determined that the Veteran's lung cancer pre-existed service and was not aggravated by service, thus denying service connection for lung cancer as due to exposure to asbestos during service.

The Veteran's cause of death was not due to a service-connected disability, as his lung cancer is not presumed to be related to exposure to Agent Orange during his service in Korea.

The Veteran's TDIU claim is being remanded for additional development, including obtaining VA treatment records and a medical opinion regarding the impact of his service-connected conditions on his employability.

The Veteran's death was not caused by a service-connected condition, and therefore, the claim for dependency and indemnity compensation based on cause of death is denied. However, as he had a combined rating of 70% due to service-connected disabilities at the time of his death, he may still be eligible for DIC benefits under certain circumstances.

The Board denied the appellant's claim to reopen her service connection for cause of death, finding that new and material evidence was not submitted. The Veteran died from lung cancer but there is no evidence showing he was exposed to ionizing radiation in Japan or otherwise related his death to service.

The Board denied the claim for service connection for the cause of the Veteran's death, finding that there was no clear and unmistakable error in the previous decision.

The Veteran's appeal is remanded for further development, including scheduling VA examinations and obtaining medical records.

The Board found that the service-connected left lower chest shell fragment wound did not cause or contribute to the Veteran's death from end stage lung cancer. The VA physician concluded that tobacco use was more likely the cause of the lung cancer.

The Board found that the Veteran's death was not caused by VA negligence or error, and thus denied service connection for cause of death.

The Board has determined that the Veteran's death was caused by non-small cell lung cancer, which is linked to his service exposure to asbestos. The Board finds that this exposure contributed to his death and grants service connection for the cause of his death.

The Board found no evidence of a right ankle disability in service and denied the claim. Asbestosis was not shown to be related to service exposure, as there is no indication of asbestos exposure during service. The claims for tongue cancer, lung cancer, and testicular cancer were also denied due to lack of evidence linking these conditions to service.

The Veteran's lung cancer was not shown to be related to service, including alleged asbestos exposure. The claim for service connection is denied.

The Veteran's claim for service connection for lung cancer, which was related to herbicide exposure, has been dismissed due to the death of the appellant.

The Board found that the cause of the Veteran's death (lung cancer) was not related to service or a service-connected disability, and thus denied the claim for service connection for the cause of death.

The Board found that the Veteran's death was not caused by VA treatment and was not due to an event reasonably foreseeable. Therefore, DIC benefits pursuant to 38 U.S.C.A. § 1151 are denied.

The Veteran's service-connected rheumatoid arthritis and hand/foot cold injuries are found to have contributed substantially or materially to his death from non-small cell lung cancer, which is considered the principal cause of death.

The Veteran withdrew his service connection claims for bilateral hearing loss, tinnitus, and lung cancer prior to the Board's decision.