Lung cancer decisions — 2014

The Board found no evidence to support a connection between the Veteran's service-connected GSW residuals and his death, nor did it find any nexus between non-service-connected conditions (lung cancer, hypertension, diabetes, chronic obstructive lung disease) and service. The cause of death was attributed to lung cancer with underlying causes of hypertension, diabetes, and chronic obstructive lung disease.

The Board has determined that the Veteran's lung cancer, which resulted from asbestos exposure during service, meets the criteria for service connection and is granted for accrued benefits purposes.

The Veteran's death was not due to a service-connected disability rated totally disabling for at least eight years immediately preceding his death, so the appellant is not entitled to additional DIC benefits.

The Board has found that new and material evidence has been submitted to reopen the claim of service connection for cause of death. The Veteran is presumed to have set foot in Vietnam during his service, which entitles him to presumptive exposure to herbicides. As a result, lung cancer, an established disease associated with such exposure, is considered as contributing to the Veteran's death and thus service connection for the cause of death is granted.

The Veteran's lung cancer was not related to his active duty service and there is no evidence of herbicide exposure. Service connection for lung cancer is denied.

The Board has remanded the case for additional development, including obtaining medical records and a VA opinion regarding whether any service-connected disability caused or contributed to the Veteran's death.

The Board found that the Veteran did not serve in Vietnam and thus, his claim for service connection for lung cancer due to Agent Orange exposure cannot be granted as there is no evidence of such exposure. The appellant's accrued benefits claim was also denied.

The Board denied an earlier effective date for the grant of service connection for cause of death due to lung cancer, finding that the appellant did not meet the requirements under Nehmer stipulations and that the award was based on a liberalizing law.

The Veteran's appeal is being remanded due to his request for a videoconference hearing before the Board of Veterans' Appeals.

The Veteran's lung cancer claim is being remanded for additional development, including obtaining a VA opinion on his exposure to ionizing radiation in service.

The Veteran's cause of death, lung cancer, is not service-connected as due to exposure to Agent Orange or smoke and other chemicals. The Board found no evidence linking the Veteran's in-service occupational exposure to these exposures.

The Board denied the appellant's claims for service connection for residuals of lung cancer and brain cancer as secondary to asbestos exposure, finding that there was no credible evidence linking any asbestos exposure during ACDUTRA to his cancers.

The Board denied the Veteran's claim for service connection for lung cancer, attributing it to asbestos exposure. The decision is based on a direct service connection without invoking any presumption or other theory.

The Board has determined that the Veteran was exposed to herbicides during his service in Thailand and therefore meets the criteria for presumptive service connection for lung cancer.

The Board denied service connection for the cause of the Veteran's death, finding that there was no evidence of actual exposure to herbicide agents in Vietnam and thus no presumption applies.

The Veteran's lung cancer and its residuals are granted service connection based on asbestos exposure during his military service.

The Veteran's lung cancer, which was service-connected for accrued benefits purposes, is found to have contributed substantially or materially to his death. Service connection for the cause of death is granted.

The Veteran's claim for an effective date earlier than December 22, 2010 for the award of service connection for lung cancer was denied. The earliest possible date that can be considered as the date of claim is December 22, 2010.

The Veteran's service connection claims for various conditions were denied as there was no evidence of a link between his current disabilities and his military service.

The Board denied the Veteran's claims for service connection for PTSD and lung cancer, finding that new and material evidence had not been submitted to reopen the PTSD claim and that there was no exposure to herbicides in Thailand. The lung cancer claim was also denied.