Lung cancer decisions — 2013

The Veteran's residuals of lung cancer, including a left upper lobe chronic inflammatory cavitary mass and left lower lobe carcinoid tumor, do not warrant a compensable rating from May 1, 2004.

The Veteran seeks service connection for lung cancer, which he claims was caused by exposure to ethylene oxide during his military service. The Board finds that a VA examination is required and requests additional treatment records from the Detroit VA Medical Center and Social Security Administration (SSA) disability benefits records.

The Board denied the appellant's request for an earlier effective date for DIC benefits, finding that the earliest possible date permitted by law (the date of receipt of her claim) has been granted. The Veteran died on March [redacted], 2002 and the appellant's application was received by VA on September 23, 2010, which is more than one year after the Veteran's death.

The Board is remanding the case for further development, including obtaining a clarifying opinion from a VA physician regarding whether the Veteran's fatal lung cancer is causally related to his occupational exposure as a firefighter. The claim will be readjudicated based on this new information.

The Board has determined that the Veteran's cause of death, renal cell carcinoma and lung cancer, was caused by his in-service exposure to herbicides including Agent Orange.

The Board has remanded the case for additional development and a Travel Board hearing at the RO.

The Board denied service connection for lung cancer, including as due to in-service herbicide exposure. The Veteran's claim was based on his assertion of exposure during service, but the evidence did not confirm that he went ashore or that the ship docked at Da Nang.

The Veteran's service-connected non-small cell lung cancer manifests with FEV-1 of 64 percent predicted and FEV-1/FVC of 84 percent actual, which does not meet the criteria for a higher disability rating.

The Board has determined that the Veteran's cause of death, stage IV non-small cell lung cancer, is related to his in-service asbestos exposure. The Board finds doubt in favor of the appellant and grants service connection for cause of death.

The Board has determined that the Veteran's small cell lung cancer, which caused his death in 1997, was likely due to asbestos exposure during his military service. The claim is granted as the evidence shows a direct link between the Veteran's service and his cause of death.

The Board found that the Veteran's cause of death, esophageal and lung cancer, was not caused by a service-connected disability. The cancers were not shown to be related to herbicide exposure or any other condition for which he was service-connected.

The Veteran's death was not caused by any service-connected condition, and the Board finds that no service connection is warranted for cause of death or DIC under 38 U.S.C.A. § 1318.

The Board denied service connection for COPD and lung cancer, finding that the Veteran's current disabilities are not attributable to his military service. The evidence did not support a link between his claimed conditions and exposure to carbon tetrachloride during service.

The Veteran's lung cancer claim is being remanded for additional development, including verification of in-service asbestos exposure and a VA examination to determine the etiology of his lung cancer.

The Veteran's claims for increased rating of bilateral knee degenerative changes, service connection for lung cancer and bilateral shoulder arthritis have been denied. The Veteran failed to appear for VA examinations related to his knee disability and the claims for lung cancer and shoulder arthritis were not substantiated by new and material evidence.

The Board has determined that the Veteran's claim for service connection for lung cancer, to include as due to exposure to herbicides, is withdrawn. The claim for service connection for tonsillar cancer, to include as due to exposure to herbicides, was denied.

The Veteran's cause of death, metastatic lung cancer, is not service-connected as it was not incurred or aggravated by active service. The Board finds that the evidence does not support a finding of herbicide exposure during his service in Thailand and thus cannot establish presumptive service connection.

The Board has remanded the case for additional development to determine if the Veteran's exposure to asbestos during service contributed to his death from lung cancer.

The Board has remanded the case due to the need for additional development, including obtaining medical records from the Elmendorf Air Force Base clinic in Anchorage.

The Board has remanded the case for further development to obtain information about the Veteran's exposure to ionizing radiation during his service, specifically in relation to his Special Weapons Unit, Atlantic (SWULANT). The claim will be referred to the Under Secretary for Benefits if any confirmed exposure is found.