Lung cancer decisions — 2013

The Board has determined that the Veteran's lung cancer, which caused his death, is at least as likely as not due to his exposure to ionizing radiation during service. Therefore, service connection for cause of death is granted.

The Veteran's cause of death was not service-connected, and his service-connected disabilities did not contribute to his death. The claim for DIC benefits under 38 U.S.C.A. § 1318 is also denied.

The Veteran's claim for an increased rating for residuals of lung cancer, status post-thoracotomy and lobectomy, with COPD was denied as his FEV-1 and FEV-1/FVC scores did not warrant a higher evaluation.

The Veteran's service-connected disabilities, in the aggregate, preclude him from securing and maintaining gainful employment.

The Veteran's service aboard the U.S.S. OKLAHOMA CITY during his Vietnam-era service is presumed to have exposed him to herbicides, and he has been diagnosed with lung cancer. The Board finds that service connection for lung cancer is warranted based on this presumption.

The Board has remanded the case for additional development, including obtaining complete personnel records and a VA medical opinion regarding the Veteran's exposure to contaminated water at Camp LeJeune. The appellant's claim of service connection for cause of the Veteran's death is now pending.

The Board has reopened the claims of service connection for various conditions, but denied them as new and material evidence was not provided to substantiate these claims.

The Board has ordered a remand to address the appellant's claims for service connection for the cause of the Veteran's death and entitlement to DIC benefits under the provisions of 38 U.S.C.A. § 1151, due to alleged failures by VA in recognizing symptoms and obtaining private treatment records.

The Board has remanded the case due to incomplete medical records and the need for a VA opinion regarding the Veteran's conditions.

The Veteran's cause of death was due to small cell lung cancer, which is not service-connected. The Board found no evidence of herbicide exposure and denied the claim for service connection for the cause of death.

The Board finds that the appellant's lung cancer is related to his in-service exposure to asbestos, and grants service connection for this condition.

The Board denied the Veteran's claims for service connection for lung and liver cancer, finding that there was no confirmation of his presence in Vietnam or inland waterways, thus precluding a presumption of herbicide exposure. The cancers were not shown to be related to his military service, including from asbestos exposure.

The Board has remanded the case for additional development, including obtaining updated VA treatment records and scheduling a VA examination to evaluate the Veteran's lung cancer residuals. The issue of service connection for COPD is also being remanded as it requires issuance of an SOC.

The Board has determined that further medical development is needed to fully assess the Veteran's claims for service connection for lung cancer and asbestosis, including considering new evidence from private doctors and National Cancer Institute documents. The case will be remanded for these purposes.

The Board has determined that the Veteran's death from lung cancer was related to his active military service, including through exposure to herbicides coincident with his service in Thailand. The Board found it at least as likely as not that the Veteran was exposed to Agent Orange while stationed at NKP and Korat RTAFBs.

The Board has remanded the case for a videoconference hearing at the RO, and further development is needed before a decision can be made.

The Board has determined that the Veteran's lung cancer, which had metastasis to the brain, likely began within one year of his separation from service. Therefore, the claim for service connection is granted.

The Board denied the Veteran's claims for service connection for a respiratory disability, including lung cancer and chronic obstructive pulmonary disease. The appeal also addressed increased ratings for diabetes mellitus and peripheral neuropathy of the lower extremities.

The Board has determined that new and material evidence has been submitted to reopen the claim for service connection for lung cancer. However, the claim is denied as there is no competent medical evidence linking the Veteran's current lung cancer to his period of active service.

The Board has remanded the case for further development to determine if there was asbestos exposure during service and whether lung cancer is related to such exposure or any other aspect of service.