Lung cancer decisions — 2011

The Veteran's appeal is being remanded for additional development, including a Travel Board hearing.

The Veteran's claims for service connection for PTSD, lung cancer, and bladder cancer were denied as there was no evidence of a current disability or a link between the conditions and his military service. The Board found that the Veteran did not have a valid claim for these conditions due to the lack of proof of a current disability.

The Board has remanded the case due to incomplete records and the need for medical opinions regarding the relationship between service-connected conditions and the Veteran's death.

The Board has determined that the appellant's COPD, bilateral hearing loss, idiopathic peripheral neuropathy, and lung cancer are presumed to have been incurred due to exposure to chemical toxins and nuclear radiation during service.

The Veteran's cause of death was not caused by a service-connected disability, as his lung cancer developed many years after service and was not related to his active service or any service-connected conditions.

The Board found that the Veteran's lung disability, including lung cancer and COPD, is not related to his service exposure to asbestos. Hearing loss and tinnitus were also denied as not incurred in or aggravated by service.

The Veteran's lung cancer is not service-connected for accrued benefits due to the presumption of exposure to Agent Orange, and it did not cause his death.

The Veteran's cause of death is listed as lung cancer, which the appellant contends was caused by radiation exposure during service. The Board has ordered a dose assessment from the Department of the Navy to determine if the Veteran was exposed to radiation in service and whether it is at least as likely as not that his lung cancer resulted from such exposure.

The Veteran's cause of death was not related to service-connected conditions, and the Board denied service connection for the cause of death due to lack of evidence linking lung cancer to his military service.

The Board denied the Veteran's claims for service connection for lung cancer and cause of death due to liver and pancreatic cancers, finding no evidence linking these conditions to his military service or presumed exposure to Agent Orange. The appellant was not granted accrued benefits as her claim was filed after the two-year period.

The Board has determined that a remand is necessary to address inconsistencies in the medical records regarding the cause of death and to obtain an opinion from a VA oncologist on whether lung cancer was the primary cancer that metastasized to the kidney.

The Veteran's lung cancer disability is currently rated at 60 percent, and he is seeking an increased rating. He also seeks a TDIU based on his unemployability due to the lung cancer.

The Veteran's claims for increased ratings and TDIU are being remanded due to the need for additional examinations, treatment records, and consideration of new evidence.

The Veteran's lung cancer was granted service connection effective March 29, 2007. The claim for an earlier effective date is denied.

The Board has determined that the Veteran's death was caused by a disability of service origin, specifically his in-service asbestos exposure which contributed to his development of small cell lung cancer.

The Board found that the Veteran's death was not caused by VA medical treatment, and thus denied the claim for service connection for the cause of his death.

The Board denied service connection for the cause of the Veteran's death, attributing it to lung cancer and metastatic renal cell adenocarcinoma. The appeal was not about service connection at all due to lack of evidence of herbicide exposure in Vietnam.

The Veteran's lung cancer has not recurred or metastasized, and his PFT results have consistently been above the threshold for a higher rating. His disability does not meet the criteria for a rating in excess of 60 percent.

The Board has determined that additional development is needed to determine if the Veteran was exposed to asbestos during service and whether his lung cancer is related to such exposure. The case is remanded for further action.

The Board found no new and material evidence to reopen the claim for service connection for a low back disability. The Veteran's current low back disability is not related to his military service, as there was no evidence of such during service or in the years following service. The lung cancer claim was also denied due to lack of evidence linking it to service.