Lung cancer decisions — 2014

The Veteran's claims for service connection for lung cancer and a compensable rating for right great toe dislocation were denied. The Board found no current diagnosis of lung cancer, and the preponderance of evidence did not support a finding that the Veteran's right great toe disability warranted a compensable evaluation.

The Board found that the Veteran's death was not caused by any service-connected condition, and thus denied the claim for cause of death.

The Board found that there was no evidence of a lung injury or disease in service, and the Veteran was not exposed to herbicides during active duty. Therefore, service connection for the cause of death due to lung cancer is denied as it does not meet the criteria for direct service connection.

The Board found that the Veteran's death was not caused by a service-connected disability, and thus denied claims for cause of death benefits, non-service connected death pension benefits, and accrued benefits.

The Veteran's claim for service connection for lung cancer, including as due to herbicide exposure, has been granted and is effective October 28, 2008. As the benefit sought on appeal has been granted, there remains no case or controversy regarding this issue.

The Board has determined that further development is needed to verify the Veteran's exposure to herbicides while serving at Ubon RTAFB in Thailand. The case will be remanded for this purpose.

The Board has determined that the Veteran was not exposed to herbicides, including Agent Orange, during service. Therefore, his claims for prostate cancer, lung cancer, and right ear disability due to such exposure are denied.

The Veteran's COPD and left lung cancer were not service-connected as they are not related to his active military service. The cause of death, COPD, was also not service-connected.

The Board has remanded the case due to incomplete records and insufficient information regarding herbicide exposure. The Veteran's claims for service connection are pending.

The Veteran's unauthorized medical expenses from November 15, 2009 to November 17, 2009 are granted as the evidence is in relative equipoise regarding whether a VA facility was feasibly available for transfer.

The Board has determined that the Veteran's cause of death (lung cancer) was not caused or contributed to by a service-connected disability. The VA examiners concluded that PTSD did not contribute substantially or materially to the Veteran's death.

The Veteran's tinnitus was assigned a 10% rating, and the reduction of his lung cancer from 100% to 0% effective February 1, 2009, to July 29, 2009, was found improper. The 100% evaluation for lung cancer is restored.

The Veteran's effective date for the reduction of his disability rating from 100% to 10% for residuals of lung cancer was denied as it did not meet the required procedural requirements.

The Veteran's death is due to lung cancer and COPD, which the Board finds may be related to his in-service asbestos exposure. The appeal is REMANDED for further development including obtaining post-1967 medical records and a VA opinion on the relationship between service connection and the cause of death.

The Board has determined that the Veteran's death was not caused by a service-connected disability, as his lung cancer is not presumed to be related to exposure to herbicides or radiation during service.

The Veteran's lung cancer is being remanded for further examination and development to determine if it is related to service, specifically exposure to asbestos. The claim will be reconsidered based on the new evidence.

The Veteran's lung cancer is found to be service-connected, and his son R.K. is recognized as the 'helpless child' of the Veteran.

The Board found that the Veteran's service-connected bronchitis and sinusitis did not cause or contribute to his death due to cardiac arrest, lung cancer, and hypertension. The medical opinions concluded that these conditions were not related to his death.

The Veteran's death was attributed to lung cancer. The Board has ordered additional records and logs from the National Archives to determine if the Veteran had exposure to herbicides during his service in Vietnam.

The Board has found that further development is needed to determine if the Veteran was exposed to herbicides in Thailand during his service, which could potentially grant service connection for the cause of his death.