Lung cancer decisions — 2014

The Veteran's death was not due to VA carelessness, negligence, or error.,VA radiation therapy did not cause the additional disability of lung and esophagus.

The Board has remanded the case for further development, including obtaining deck logs from the USS Forrestal to determine if the Veteran was exposed to Agent Orange during a fire in July 1967. The appellant is seeking service connection for the cause of death and accrued benefits.

The Board has granted service connection for the cause of the Veteran's death due to metastatic small cell lung cancer, which is presumed to have been incurred during his active duty in Vietnam and linked to exposure to Agent Orange.

The Board found no evidence of a relationship between the Veteran's respiratory disabilities and his active duty service, including exposure to herbicides or asbestos. The preponderance of the evidence supports denial of the claim.

The Board has remanded the case for further consideration due to outstanding medical records from the Philadelphia Naval Hospital. The appellant's claims for service connection are pending and will be reconsidered based on all available evidence.

The Veteran died of lung cancer, which was not service-connected and there is no evidence linking it to his military service.

The Veteran's service-connected PTSD contributed to his lung cancer, which was the cause of his death. The Board finds that this is a contributory cause and grants service connection for the cause of death.

The Veteran's death is found to be due to his service-connected lung cancer, which was presumed to have been caused by herbicide exposure during service in Thailand. The Board granted the claim for service connection for the cause of death.

The Veteran's initial rating for asbestosis and lung cancer was denied, with a current effective date of August 29, 2008. The VA found that the Veteran's Forced Vital Capacity (FVC) has been at least 68 percent of predicted; his Forced Expiratory Volume in One Second (FEV-1) has been at least 59 percent of predicted; and his FEV-1/FVC has been at least 61 percent. The VA also found that Diffusion Capacity of the Lung for Carbon Monoxide by the Single Breath Method (DLCO (SB)) has been at least 81.7 percent of predicted, which meets the criteria for a 30% rating under the General Rating Formula for Interstitial Lung Disease.

The Board has determined that the evidence received since the May 2007 rating decision is not new and material, thus denying the Veteran's petition to reopen his service connection claim for PTSD.

The Veteran's fatal metastatic lung cancer was found to be service-connected due to his in-service asbestos exposure, and the Board granted service connection for the cause of death.

The Board denied the appellant's claim for service connection for the cause of the Veteran's death, finding that there was no evidence linking his lung cancer to his active service.

The Board has decided to remand the case for further development, including obtaining a medical opinion regarding whether the Veteran's service is related to his cause of death.

The Board has determined that the Veteran's lung cancer and asbestosis are not related to service, including due to asbestos exposure or smoking. Service connection is therefore denied for both conditions.

The Board denied the Veteran's claims for service connection for lung cancer and for the cause of his death, finding that there was no evidence linking these conditions to his military service.

The Veteran's claim for special monthly compensation (SMC) based on the need for aid and attendance was denied as he did not meet the criteria at the time of his death due to service-connected lung cancer.

The Board has determined that the Veteran's diabetes mellitus, type II, is related to his military service due to herbicide exposure. The claims for malignant melanoma and lung cancer are denied as there is no current diagnosis of these conditions.

The Board has ordered remand for further development regarding the Veteran's claims of service connection for COPD and an initial rating for residuals of lung cancer with lobectomy, history of bronchopleural fistula and pneumothorax. The case will be returned to the AOJ for readjudication.

The Board has granted service connection for residuals of lung cancer and finds that the Veteran's current condition is at least in part due to his active service, including exposure to asbestos. The issue of an increased rating for status post hemorrhoidectomy remains pending as it is unclear if there are any new issues or evidence related to this claim.

The Board has remanded the case for further development and a medical opinion to determine if the Veteran's current respiratory disorder is related to service, specifically exposure to asbestos. The Veteran was previously denied service connection for asbestosis/lung cancer in April 2014.