Lung cancer decisions — 2012

The Board has remanded the case due to the need for additional development, including obtaining medical records and conducting a review of pathology slides.

The Veteran's claim for special monthly pension based on the need for aid and attendance is being remanded due to a lack of recent medical evidence and the need for another VA examination.

The Board has determined that the Veteran's loss of the entire right lung is due to VA's delay in detecting a malignant tumor, which resulted in more extensive surgery than necessary. The Board finds it at least as likely as not that this additional disability was caused by carelessness or negligence on the part of VA medical providers.

The Board has decided to remand the case for additional development regarding the Veteran's claimed asbestos exposure and its relation to his respiratory disorder, including lung cancer.

The Veteran's lung cancer was not found to be related to his service, including any in-service asbestos exposure.

The Board found that the Veteran's lung cancer was not caused by or substantially contributed to his death, and thus denied service connection for the cause of death. The criteria for DIC benefits under § 1318 were also not met.

The Veteran's death was not caused by or the result of a disability incurred in service, including any exposure to ionizing radiation. The cause of death listed on his death certificate was metastatic lung cancer, which began many years after service and was not linked to service.

The Board has remanded the case for a medical opinion regarding whether the Veteran's death was related to his in-service treatment for respiratory complaints, specifically lung cancer.

The Veteran's death was caused by lung cancer, which is service-connected due to asbestos exposure. Service connection for a cardiovascular disorder and low back disorder are granted, while gastrointestinal disorder service connection is denied.

The Veteran's unauthorized medical expenses incurred from October 1, 2011 through October 2, 2011 were not reimbursable because the VA Medical Center in Wichita, Kansas did not have legal authority to authorize non-VA emergency care for his shortness of breath related to nonservice-connected lung cancer.

The Board found that the Veteran's death was not caused by service-connected conditions, including his in-service asbestos exposure or service-connected disabilities. The cause of death listed on the death certificate was due to lung cancer and other conditions unrelated to service.

The Board found that the appellant's service from November 8, 1967 to January 16, 1970 was dishonorable and denied his claim for service connection for lung cancer.

The Board has determined that new and material evidence was not received to reopen the claim for service connection for renal cancer, liver cancer, and lung cancer. The cancers were not incurred in or aggravated by active service, nor may they be presumed to have been so incurred or aggravated.

The Board has determined that the Veteran's death was caused by lung cancer, which is service-connected. However, due to a law prohibiting service connection for deaths resulting from tobacco use during service, the claim cannot be granted based on this theory of entitlement.

The Board has remanded the case for additional development, including obtaining a medical opinion regarding the cause of the Veteran's death and whether it was related to service-connected conditions or post-service employment.

The Veteran died from metastatic squamous cell carcinoma of the left extremity. The appellant contends that his death was caused by lung cancer due to Agent Orange exposure during service. The Board is remanding the case for a VA medical opinion regarding the etiology of the cause of death and whether any service-connected disability contributed substantially or materially to cause the Veteran's death.

The Board denied the Veteran's claim for service connection for lung cancer, attributing it to a lack of evidence showing a diagnosis or relationship to his active duty service.

The Board found no evidence of a chronic condition during service or during an applicable presumptive period, and there is no competent medical evidence that the Veteran's lung cancer is related to his military service. The claim for service connection for lung cancer was denied.

The Board finds that the appellant has not been paid service-connected burial benefits, and thus her claim is granted.

The Board has determined that the Veteran was exposed to herbicides during service in Thailand and died from metastatic lung cancer, which is a disease presumed due to such exposure. Therefore, service connection for the cause of his death is granted.