Lung cancer decisions — 2012

The Veteran's appeal for service connection for lung cancer, including as due to exposure to herbicides, has been dismissed because the Veteran died during the pendency of his appeal.

The Board denied the claim for DIC benefits based on service connection for the cause of the Veteran's death, finding that his colon cancer was not caused by a service-connected condition or herbicide exposure.

The Veteran's cause of death was not caused by a service-connected condition, and the non-small cell lung cancer that led to his death began many years after service.

The Veteran's death was due to lung cancer, which is a covered herbicide disease. The appellant filed for DIC benefits in February 1981 and again in August 2008. The effective date of the award of DIC benefits is set at August 28, 2007, based on the liberalizing law that included respiratory cancers as presumptive diseases.

The Veteran's appeal was dismissed due to his death, and no service connection decisions were made.

The Board has determined that the Veteran's lung cancer is not related to his military service or his service-connected psychiatric disability, and thus denied the claim for service connection.

The Veteran's appeal is being remanded for further development, including obtaining medical opinions regarding his lung cancer and diabetes mellitus diagnoses.

The Veteran's death was due to lung cancer, which is subject to presumptive service connection for Veterans who were exposed to herbicides in Vietnam. With resolution of reasonable doubt in the appellant's favor, the criteria for service connection for the cause of the Veteran's death are met.

The Board has remanded the case due to inconsistencies in the service records regarding the Veteran's alleged exposure to herbicide agents and his service in Vietnam. The appellant is seeking service connection for the cause of the Veteran's death based on presumed exposure to burn pits, but the evidence does not support this claim.

The Board finds that the Veteran's asbestosis, which was incurred due to his in-service asbestos exposure, contributed substantially and materially to his death from non-small cell lung cancer. The cause of death is therefore service-connected.

The Board has determined that the Veteran's death was not caused or contributed to by any service-connected disability, including lung cancer and PTSD. The evidence does not support a finding of asbestos exposure in service.

The Board found that the Veteran's lung disorder, including lung cancer and COPD, was not incurred in service. Ischemic heart disease was also not shown to be related to service or a service-connected condition.

The Board is remanding the claim to determine if the Veteran's death from lung cancer and hematemesis was related to his service in the Navy, including exposure to Agent Orange. The role of chronic smoking will also be evaluated.

The Board has remanded the case for additional development, including verification of the Veteran's exposure to Agent Orange during service and any records related to his claimed conditions.

The Veteran died from lung cancer, which was not related to his military service. The Board denied both the claim for service connection for the cause of death and the eligibility for Survivors' and Dependents' Educational Assistance under 38 U.S.C., Chapter 35.

The Veteran died from septic shock due to or as a consequence of pneumonia and lung cancer. The cause of death is not service-connected, nor are the criteria for dependency and indemnity compensation under 38 U.S.C.A. § 1318 met.

The Board found no evidence of exposure to Agent Orange or any other herbicide in the Veteran's service records. The claims for diabetes mellitus, type II; lung cancer; prostate cancer; and hypertension were all denied as there is insufficient evidence linking these conditions to his military service.

The Veteran's appeal is being remanded for additional development of his claims, including obtaining relevant treatment records and ensuring all applicable laws and regulations are considered.

The Veteran's lung cancer is service connected due to exposure to Agent Orange during his military service in Vietnam.

The Veteran's appeal was dismissed due to his death, and the Board has no jurisdiction to adjudicate the merits of this claim for service connection for lung cancer at this time.