Lung cancer decisions — 2011

The Board found that the Veteran's current lung disability is not related to his in-service treatment for pneumonia and thus denied service connection.

The Board has granted service connection for coronary artery disease as secondary to Agent Orange exposure and denied the claim for lung cancer, finding no evidence of such condition during the appeal period.

The Board denied the Veteran's claim for an effective date prior to February 12, 2009 for the grant of service connection for lung cancer as no formal or informal claims were received before that date.

The Veteran's lung cancer/lung condition was not shown to be related to service, and the Board denied accrued benefits for this claim. The cause of death due to non-small cell lung cancer was found to have been caused by asbestos exposure during service.

The Board has dismissed the appeal due to the Veteran's death, as it no longer has jurisdiction over the case.

The Veteran's appeal is being remanded for additional development, including new VA examinations to determine the etiology of his lung cancer and psychiatric disorders.

The Board found no evidence to support service connection for the cause of the Veteran's death, concluding that lung cancer and heart disease were not related to his military service.

The Board has remanded the case for further development and adjudication due to inadequate medical opinion regarding the etiology of the Veteran's pulmonary impairment.

The Veteran's service-connected disabilities render him incapable of protecting himself from daily life hazards without the aid and attendance of another person, warranting SMC based on need for regular aid and attendance.

The Veteran's claims for service connection for lung cancer and sleep disorder/sleep apnea were denied. The Board found that the evidence did not establish a current diagnosis of lung cancer, and his sleep problems are related to PTSD.

The Board found that the Veteran's death was not caused by VA medical treatment, and thus denied her claim under 38 U.S.C.A. § 1151.

The Board found that the Veteran did not serve in Vietnam and thus could not establish exposure to Agent Orange. The lung cancer for which he was service-connected is not considered related to his military service, including any potential exposure.

The Board found that the Veteran's lung cancer did not arise from his renal cell carcinoma, and thus, it was not service-connected. The cause of death due to renal cell carcinoma is also denied as there is no evidence linking it to service or any service-connected condition.

The Veteran died in 1984 from lung cancer. The appellant's claim for DIC benefits was denied initially and did not result in an appeal. Later, the appellant submitted a new claim based on liberalizing regulations that included respiratory cancers as presumptively service-connected due to exposure to herbicides. The RO granted this claim with an effective date of June 24, 1996. The appellant appealed for an earlier effective date. The Board found no legal basis to grant the requested earlier effective date.

The Board has determined that additional development is needed to clarify the Veteran's cancer diagnoses and their relationship to his death, as well as to determine eligibility for Dependents' Educational Assistance benefits. The case will be remanded for these purposes.

The Board has remanded the case due to incomplete medical records and the need for additional examinations. The Veteran's claim is reopened based on new evidence, but service connection remains denied.

The Board denied service connection for the cause of the Veteran's death, finding that no disability incurred in or aggravated by service caused or contributed to his death.

The Veteran's lung cancer was initially diagnosed on July 11, 2005. As the condition is presumptively associated with Agent Orange exposure in Vietnam, service connection for non-small cell lung cancer was granted effective from that date.

The Board has remanded the case for additional development, including obtaining private treatment records and Social Security Administration disability benefits records. The Veteran's TDIU claim is also referred to the appropriate department officials for extraschedular consideration.

The Veteran does not have lung cancer and the Board denies a compensable rating for this condition.