Lung cancer decisions — 2013

The Board has remanded the case for further development to determine if the Veteran's current lung disorders, including chronic obstructive pulmonary disease and lung cancer, are related to his in-service asbestos exposure.

The Board has determined that the effective date for the grant of service connection for small cell lung cancer is August 5, 2004. The appellant's claim was received on this date and she does not have standing to file a claim for an earlier effective date as there were no pending claims or clear and unmistakable error in prior rating decisions.

The Board has granted service connection for the Veteran's cause of death due to lung cancer, which is presumed to be related to his in-service herbicide exposure. The underlying cause of death was a history of nicotine dependence.

The Board has remanded the case due to incomplete records and a need for medical opinions regarding the Veteran's exposure to asbestos during service and its relation to his current conditions.

The Veteran's lung cancer, which was service-connected for accrued benefits purposes based on substitution of the appellant, is found to be a compensable disability. The cause of death due to non-small cell carcinoma of the lung is also granted.

The Veteran's service-connected lung disability was rated at 10 percent from December 1, 2011, to June 19, 2013. From June 19, 2013, the rating is 30 percent.

The Board denied the claim for service connection for cause of death due to lung cancer, finding that it is not related to service. The Veteran's exposure to herbicides in Thailand was also not established.

The Board found that the Veteran's lung cancer, which caused his death in November 2003, was not causally related to service exposure to asbestos. The claim for service connection for the cause of death was denied.

The Board has remanded the case for additional development, including obtaining VA treatment records and information from the Social Security Administration. The issues of service connection for COPD as secondary to lung cancer are also inextricably intertwined with the current issue.

The Veteran's claims for service connection for various conditions, including diabetes mellitus, peripheral neuropathy of the lower extremities, brain cancer, a cardiac condition, and lung cancer were denied.,Service connection was not established for any of these conditions.

The Board has ordered additional development due to the need for a medical opinion regarding the etiology of the Veteran's COPD and the severity of his service-connected residuals of lung cancer with lobectomy, history of bronchopleural fistula and pneumothorax. The Veteran is also required to provide information about any relevant treatment providers.

The Board denied service connection for the cause of death and DIC under 38 U.S.C.A. § 1318, finding that lung cancer was not related to service or a service-connected disability.

The Board has remanded the case due to incomplete records and the need for further medical opinions regarding the Veteran's cause of death.

The Veteran's death was caused by esophageal cancer with liver metastasis. The claim for service connection is being remanded due to the need for updated medical opinions regarding exposure to contaminated drinking water at Camp Lejeune.

The Veteran's death was caused by lung cancer with COPD, which were not service-connected conditions. The Board granted the claim for service connection for the cause of death but denied DIC under 38 U.S.C.A. § 1318.

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

The Board has determined that the Veteran's lung cancer was not related to service, including asbestos exposure. The Veteran's PTSD and pre-existing stomach conditions were not found to be the immediate or underlying cause of his death.

The Board has determined that the Veteran's lung cancer is not related to service, and specifically denied service connection for carcinoma of the lung as due to exposure to asbestos in service. The claim was based on direct evidence rather than a presumption or secondary service connection.

The Board found that the Veteran's pancreatic and lung cancers were not caused by his service-connected conditions or presumed exposure to Agent Orange, and therefore denied service connection for cause of death.

The Veteran's lung cancer was not incurred in or aggravated by his military service, and may not be presumed to have been incurred or aggravated therein due to herbicide exposure in Vietnam. The Board found that the cause of testicular cancer (the primary condition) was unknown, but concluded that there is insufficient evidence to establish an etiological association between Agent Orange exposure and testicular cancer.