Lung cancer decisions — 2013

The Veteran died due to hypoxic respiratory failure caused by pseudomonas bacteremia. The Board found that the cause of death was not related to VA's care, treatment or examination.

The Veteran's claim for service connection for lung cancer, including as secondary to asbestos exposure, is being remanded due to the need for further development and re-adjudication.

The Board has granted the claim of service connection for hypertension, finding that it is at least as likely as not caused by or aggravated by a service-connected disability (PTSD and DDD with use of nonsteroidal anti-inflammatory medications).

The Board denied service connection for the claimed conditions, finding that there was no evidence of a nexus between the current disabilities and active duty service.

The Board found that the Veteran's death was not caused by a service-connected disability, and there is no evidence of herbicide exposure during his time in Thailand. Therefore, the claim for service connection for the cause of death was denied.

The Board found that the Veteran's respiratory causes of death (respiratory failure, pneumonia, lung cancer, and COPD) are not service-connected. The in-service exposure to asbestos is considered but does not meet the criteria for service connection.

The Veteran's daughter is not eligible for payment of accrued benefits awarded under 38 U.S.C.A. § 5121 as she does not meet the definition of a child for purposes of such payments.

The Board denied the claim for service connection for the cause of the Veteran's death, finding that lung cancer was not incurred in or aggravated by service and did not have a direct link to any service-connected condition.

The Veteran's death is being reviewed for potential service connection, specifically regarding lung cancer and radiation exposure. The case has been remanded to obtain a pulmonologist's opinion on the etiology of his lung cancer.

The Veteran's claimed conditions, including tremors of the feet, hands, migraine headaches, diabetes mellitus, adrenal gland disability, renal disability, hypertension, heart disease, lung cancer, and pes planus, were not incurred in service or due to exposure to herbicides. The claims are denied.

The Veteran's cause of death, lung cancer, is found to be related to his in-service asbestos exposure and service connection for the cause of death is granted.

The Veteran's appeal is being remanded due to the need for additional development, including obtaining VA treatment records and scheduling a VA examination. The issue of service connection for residuals of lung cancer will be reconsidered based on the new evidence.

The Board has determined that the Veteran's lung cancer, which was related to his in-service asbestos exposure, contributed substantially or materially to his death. As a result, service connection for the cause of the Veteran's death is granted.

The Board found that the Veteran's lung cancer, which caused his death in December 2005, was not related to service exposure to asbestos. The preponderance of evidence did not support a finding that the Veteran's lung cancer was caused by service.

The Board has determined that the reduction of the Veteran's lung disability rating from 100% to 30% effective June 1, 2008 was proper. The Veteran is currently rated at 60% for his service-connected lung disability.

The Board has remanded the case for additional development, including obtaining private medical records and a VA examination to determine if the Veteran's esophageal cancer was related to herbicide exposure or service.

The Veteran's appeal is being remanded for additional development, including obtaining medical records and providing the Veteran with a VA examination to assess his service-connected lung cancer and residual scarring.

The Board has ordered additional development due to the loss of the Veteran's claims file and death certificate. The case is now remanded for further development including obtaining VA medical records, a VA insurance file, and a VA medical opinion.

The Veteran withdrew his appeal for service connection for lung cancer before the Board could make a decision.

The Board has remanded the case due to the need for additional development, including obtaining SSA records and a clarifying medical opinion.