Lung cancer decisions — 2014

The Veteran has withdrawn all pending claims and appeals. The Board does not have jurisdiction to review these matters as the appeal is dismissed.

The Veteran was granted service connection for an acquired psychiatric disorder (depression) and lung cancer. He is also granted TDIU based on his service-connected disabilities.

The Veteran's appeal is being remanded for additional development, including obtaining medical records and scheduling a VA examination to address the issues of service connection for obstructive sleep apnea and an increased rating for residuals of lung cancer. The matter of TDIU will also be addressed on remand.

The Veteran's lung cancer was not present in service or until many years thereafter, and there is no competent probative evidence of a causal connection between the claimed disability and military service or any incident therein, to include any exposure to herbicide agents.

The Board found no evidence of herbicide exposure in Thailand and the Veteran's service records do not indicate he had a duty that would have put him near base perimeters. As such, the claim for service connection for cause of death is denied.

The Veteran's claims for service connection for lung cancer and bronchitis have been denied on the merits. The Board found no new and material evidence to reopen the claim for lung cancer, as there is currently no diagnosis of lung cancer. For bronchitis, the Board noted that while asbestos exposure was alleged, there is insufficient evidence to establish a current disability.

The Veteran's appeal is being remanded due to his request for a videoconference hearing. The claims of service connection for prostate cancer and lung cancer will be reconsidered after the hearing.

The Board has remanded the case due to insufficient information regarding the Veteran's exposure to Agent Orange and for further development of his service connection claims.

The Veteran's claims for service connection for type II diabetes mellitus, ischemic heart disease, and lung cancer are denied as there is no evidence of in-service exposure to herbicides or other causative factors.

The Veteran's death was caused by metastatic lung cancer, which the Board finds to be service-connected based on in-service exposure to asbestos, radiation, and environmental toxins. The appeal for DIC benefits is also granted.

The Board denied the appellant's claims for service connection for the cause of death, non-service connected death pension benefits, and accrued benefits.,The Veteran died in August 2008 from renal failure, lung cancer, dementia, and diabetes mellitus. None of these conditions were related to his military service.

The Board found that the Veteran's lung cancer and ischemic heart disease are not related to his military service, including exposure to herbicides in Thailand. As a result, the claims for service connection were denied.

The Board has determined that the cause of the Veteran's death was metastatic esophageal carcinoma, which is not service-connected due to lack of evidence linking it to his presumed exposure to Agent Orange. The Board also found no evidence of primary lung cancer and concluded that the esophageal cancer did not result from Agent Orange exposure.

The Veteran's appeal is being remanded for additional development, including new VA examinations and a review of his claims file to ensure all relevant evidence has been considered.

The Veteran's death was caused by metastatic lung cancer, which is presumed to be due to his exposure to herbicides in service. Therefore, the claim for service connection for the cause of the Veteran's death is granted.

The Board has determined that the service-connected residuals of fourth and fifth rib fractures with an elevated hemidiaphragm contributed substantially or materially to the Veteran's death from respiratory failure, pneumonia, and lung cancer. The claim is granted.

The Board has determined that the Veteran was exposed to herbicides while serving in Thailand and his death from lung cancer is due to this exposure, warranting service connection for cause of death.

The Veteran's lung cancer, a presumptive condition based on his exposure to herbicides during service, contributed substantially or materially to cause his death. Service connection for the cause of the Veteran's death is granted.

The Board has determined that the Veteran's service-connected PTSD caused or contributed to his excessive smoking, which in turn led to his lung cancer and death. As a result, the claim for service connection for the cause of the Veteran's death is granted.

The Board has found that the Veteran's metastatic colon cancer with lung metastasis, as well as his diabetic peripheral neuropathy, are service-connected due to exposure to aviation gasoline containing tetraethyl lead during military service. The claim for service connection was reopened based on new evidence.