Lung cancer decisions — 2012

The Veteran's lung cancer did not manifest during or as a result of active military service, to include as due to exposure to ionizing radiation. Therefore, the claim for service connection is denied.

The Board found that the Veteran's lung cancer and post-operative scar residuals were not incurred or aggravated in active service, as there was no evidence of such conditions during service or within one year after separation. The VA examiner opined that the lung cancer was more likely secondary to cigarette smoking rather than exposure to fumes from the USS Enterprise fire.

The Board has denied the Veteran's claims for service connection for epilepsy, headaches, lung cancer, stomach condition, and bilateral eye disorder (diminished visual acuity).

The Veteran's lung cancer and hypertension claims were denied as they are not service-connected. The compensable rating for his thoracotomy residuals was also denied.

The Board has determined that the Veteran's lung cancer, which caused his death, is service-connected under 38 U.S.C.A. § 1151 due to VA medical care.

The Veteran died from lung cancer, and the Board finds that his stroke residuals were a contributory cause of death. Therefore, DIC benefits are granted.

The Board has reopened the claim for service connection for the cause of the Veteran's death, but denied it on the merits. The claim for DIC benefits pursuant to 38 U.S.C.A. § 1318 was also denied.

The Veteran's appeal is being remanded for additional development, including obtaining VA treatment records and Social Security Administration (SSA) records. The Veteran will also be scheduled for a VA examination to assess the severity of his lung disability and mental disability.

The Board has remanded the case due to insufficient information regarding herbicide exposure at Camp Drum, New York. The appellant is asked to provide more details about her husband's alleged exposure and for VA to verify it.

The Veteran's service-connected disabilities, including prostate cancer and multiple cancers, do not preclude him from securing or following substantially gainful employment prior to March 7, 2008.

The Board found that the Veteran's lung cancer, which caused his death, was not due to ionizing radiation exposure during service and denied the claim for service connection.

The Board found that the Veteran's cause of death was due to right renal carcinoma, which is not service-connected. The lung cancer is presumed to have been incurred in service but did not contribute to his death.

The Veteran died from lung cancer, a disability not service-connected. The claim for VA burial benefits is denied as the criteria are not met.

The Board denied the Veteran's claims for service connection for various conditions, including obesity, diabetes mellitus, hypertension, congestive heart failure, lung disability (to include lung cancer), eye disability, bilateral peripheral neuropathy of the lower extremities, bilateral lymphedema of the lower extremities, erectile dysfunction, and sleep apnea. The Board found that these conditions were not incurred or aggravated by active service nor proximately due to any exposure to toxic fumes or chemicals in service.