Lung cancer decisions — 2013

The Veteran's appeal is remanded for further development, including a new VA examination to assess the severity of his service-connected post-surgical residuals of lung cancer and any associated scars. The AMC/RO will also consider whether a separate rating is warranted for these conditions.

The Veteran died of metastatic esophageal carcinoma, and the Appellant is seeking service connection for this cause of death as secondary to in-service Agent Orange exposure. The Board has ordered a VA medical opinion to determine whether the lung cancer was primary or metastatic, and if it could be related to Agent Orange exposure.

The Veteran's death was not caused by any service-connected disability, and there is no evidence of herbicide exposure. The cause of death was metastatic lung cancer.

The Veteran's death was not caused by a service-connected condition, and he did not meet the criteria for accrued benefits or basic eligibility for DEA. The cause of his death (pneumonia due to lung cancer) is not attributable to service, including presumed exposure to herbicides.

The Board has granted service connection for asbestosis and rounded atelectasis, finding that these conditions are etiologically related to the Veteran's in-service exposure to asbestos. Lung cancer was not found to be related to service or in-service exposure to asbestos. COPD was also found to be related to service due to asbestos exposure.

The Board has determined that the reduction of the Veteran's disability rating from 100 percent to 0 percent for left lower lung lobectomy status post lung cancer was not proper, and thus denied restoration of a 100 percent disability rating.

The Board has ordered a remand to obtain an updated opinion regarding the Veteran's employability due to his service-connected disabilities, including newly granted ischemic heart disease.

The Board finds that the RO's decision to reduce the evaluation for service-connected residuals of lung cancer from 100 percent to 30 percent was proper. The Veteran does not meet the criteria for a higher disability rating based on his current pulmonary function test results.

The Veteran's lung cancer is not related to his service, including his inservice exposure to asbestos. The claim for service connection is denied.

The Veteran's service-connected PTSD contributed to his death due to myocardial infarction with cardiac arrhythmia, metastatic lung cancer and bilateral pulmonary emphysema.

The Veteran's death was not covered for VA Dependency and Indemnity Compensation (DIC) benefits because the appellant did not meet the requirements to be considered his surviving spouse.

The Board has determined that the Veteran's current bilateral hearing loss and tinnitus are likely due to his exposure to hazardous noise levels during service, warranting service connection. The lung cancer claim is remanded for further development.

The Board found that the Veteran's death was not caused by a service-connected disability, as there is no evidence of asbestos exposure during his military service. The cause of death was listed as lung cancer, but it was noted to be related to tobacco use rather than service connection.

The Board found that the Veteran's service-connected PTSD did not cause or materially contribute to his death, and thus denied the claim for service connection for the cause of death.

The Veteran's appeal was dismissed due to his death, and no jurisdiction remains for the Board to adjudicate the claims.

The Veteran's death was attributed to lung cancer and renal cell carcinoma. The appellant is seeking service connection for the cause of her husband's death, alleging that his lung cancer predated his renal cancer and was due to herbicide exposure in service.

The Board has remanded the case to the RO/AMC for adjudication of the appellant's claims of entitlement to DIC under 38 U.S.C.A. § 1151 and service connection for PTSD, testicular cancer, and lung cancer in the context of a claim for accrued benefits purposes.

The Veteran's death was caused by lung cancer, which is presumed to have been caused by herbicide exposure during service in Vietnam. Therefore, the claim for service connection for the cause of the Veteran's death is granted.

The Veteran's lung cancer claim is denied as there is no current evidence of the condition. His heart disorder and peripheral neuropathy claims are also denied due to lack of competent evidence linking these conditions to service or presumed exposure to herbicides.

The Veteran's death is being reviewed for service connection, and his PTSD disability rating and pension benefits are also under consideration. The case needs to be remanded due to incomplete notification and the need to obtain additional medical records.