Lung cancer decisions — 2012

The Veteran's claim for accrued benefits was denied as there were no unpaid periodic monetary benefits at the time of his death. The appellant is not entitled to these benefits.

The Board has remanded the case for a VA internist to provide an opinion on whether the cause of the Veteran's death was related to service, including due to in-service exposure to asbestos. The appellant's representative argued that PTSD aggravated the Veteran's disability and contributed to his death.

The Board granted service connection for lung cancer on a presumptive basis as secondary to in-service ionizing radiation exposure, finding that the Veteran was considered a radiation-exposed veteran and that lung cancer is recognized by VA as being a disease specific to radiation-exposed veterans.

The Veteran is granted a total disability rating for compensation purposes based on individual unemployability as of August 1, 2005. His service-connected disabilities prevent him from securing and following substantially gainful employment.

The Veteran's adenocarcinoma, status-post left upper lobectomy, was not found to be related to his service or to herbicide exposure in Vietnam. The Board determined that the Veteran did not have qualifying service in Vietnam and thus could not claim presumptive service connection based on Agent Orange exposure.

The Veteran's lung cancer and multiple myeloma are presumed to have been incurred as a result of Agent Orange exposure during his active service in the Republic of Vietnam, for accrued benefits purposes. Service connection is granted for these conditions.

The Veteran's claims for increased ratings and service connection were granted, but the effective dates of these decisions are not specified. The Veteran was also denied new and material evidence claims.

The Board denied the Veteran's claim of entitlement to service connection for lung cancer as due to herbicide exposure, finding that he did not serve in Vietnam and there is no competent, credible evidence showing herbicide exposure during active service. Lung cancer was also not present during service or within one year of discharge.

The Board denied service connection for lung and colon cancers due to asbestos exposure, finding that the evidence did not establish a causal relationship between in-service asbestos exposure and the development of these conditions.

The Board found that the Veteran's death was not caused by a service-connected disability, and thus denied the claim for service connection for the cause of his death.

The Veteran's cause of death is being reviewed due to uncertainty regarding the primary site of his cancer and whether a service-connected disability contributed to it. Additional medical records are needed, including those from hospice care during the final months of his life.

The Veteran's lung and colon cancers are not service-connected as they did not arise during his military service. The Board finds that the current diagnoses of COPD, lung cancer, and colon cancer do not have a direct link to his military service.

The Veteran's death was due to lung cancer, which the Board finds may be service-connected as secondary to radiation exposure. The Appellant seeks accrued benefits for these claims and others. However, there are procedural issues with the current rating decisions that need to be addressed.

The Board found that the appellant does not have legal standing to act on behalf of her granddaughter, ANB, and thus dismissed the claim for service connection for cause of the Veteran's death.

The Veteran's appeal was dismissed due to his death, and the Board has no jurisdiction to adjudicate the merits of this claim.

The Board found that the Veteran's bilateral lung cancer is not related to service, specifically to in-service asbestos exposure. The claim for service connection was denied.

The Board is remanding the case to obtain a medical opinion regarding whether the Veteran's service-connected PTSD contributed to his nicotine dependence and subsequent lung cancer, which in turn caused his death. The VA physician should also determine if there was any connection between the Veteran's service-connected disabilities and his cause of death.

The Board has remanded the case for further development regarding the Veteran's exposure to asbestos and herbicides during service, as well as his military occupational specialty. The claim will be reconsidered based on this additional information.

The Board has ordered a remand due to the need for additional compliance with previous directives and proper notice regarding secondary service connection.

The Board has determined that the Veteran's death was not caused by a service-connected disability, and thus denied the claim for service connection for the cause of the Veteran's death. The issue of aid and attendance allowance for the Veteran's spouse is remanded due to the need for additional examination.