Lung cancer decisions — 2011

The Veteran does not have lung cancer/mesothelioma that is related to military service, including asbestos exposure.

The Veteran's death was caused by lung cancer, which is presumed to be associated with his Vietnam service. The effective date for the grant of service connection for the cause of the Veteran's death has been set at January 1, 2002.

The Veteran's claim for service connection for lung cancer, to include as due to exposure to herbicides, was denied. The Board found that the Veteran does not have a current diagnosis of lung cancer and thus cannot establish service connection.

The Board has granted service connection for the cause of death due to in-service herbicide exposure. The issue of entitlement to accrued benefits is remanded as it was not addressed in the July 2009 Statement of the Case.

The Board has denied the appellant's request for an earlier effective date for service connection for the cause of her husband's death due to lung cancer. The effective date is set at February 25, 2007, which is one year prior to the date of receipt of her reopened claim.

The Veteran's appeal is being remanded for additional development, including obtaining updated medical records and scheduling the Veteran for a VA examination to evaluate his service-connected lung cancer residuals with bronchitis and low back syndrome.

The Veteran's lung cancer was not related to his service, including exposure to asbestos. The Board found that the Veteran did not have continuous symptoms of lung cancer since service separation and that there is no evidence linking his current lung cancer to any in-service injury or disease, including asbestos exposure.

The Board has determined that the Veteran's claim for an earlier effective date for service connection of residuals of lung cancer is denied as VA received his claim on August 18, 2008.

The Board affirmed the RO's denial of service connection for the cause of the Veteran's death.

The Veteran's appeal is being remanded due to the need for additional medical records from his oncologist.

The Board denied the claim for service connection for the cause of the Veteran's death, finding that there was no evidence to support a link between any service-connected disability and the Veteran's death.

The Veteran's surviving spouse has not established eligibility for accrued benefits based on earlier effective dates for service connection or special monthly compensation due to the lack of a prior claim at the time of his death.

The Board has determined that further development is needed to determine if the Veteran's lung cancer, which resulted in his death, was incurred during service. The case is being remanded for additional development and a medical opinion.

The Board denied the appellant's claim for service connection for the cause of her husband's death, finding that his service-connected psychiatric disability did not play a role in his fatal cardiac and lung disabilities.

The Veteran's service-connected rheumatoid arthritis contributed to his immobility, which led to the pneumonia that caused his death. The Board finds this evidence sufficient to grant service connection for the cause of the Veteran's death.

The Veteran's death was not caused by a service-connected disability, and therefore the claim for service connection for the cause of death is denied. The appellant does not meet the criteria for benefits under 38 U.S.C.A. § 1318.

The Board dismissed the appeal due to the Veteran's death, and no jurisdiction remains for adjudicating the merits of the claim.

The Veteran's appeal is being remanded for additional development, including obtaining medical records and scheduling a VA examination to assess his service-connected disabilities and their impact on his employability.

The Board denied the claim for service connection for the cause of the Veteran's death, finding that there was no medical evidence linking his service-connected postgastrectomy syndrome to his death.

The Board found that the Veteran's lung cancer, which caused his death, was not related to service or a service-connected condition.