Lung cancer decisions — 2014

The Board has granted service connection for Posttraumatic Stress Disorder (PTSD) based on a diagnosis meeting VA regulations and a link between current symptoms and an in-service stressor. The appeals regarding acne and lung cancer are dismissed as the Veteran withdrew his appeal.

The Veteran died of large cell lung cancer, which was not service-connected. The VA medical opinion found it less likely than not that the Veteran's service-connected spine disease or pain medications contributed to his death.

The Veteran's death was caused by metastatic small cell lung cancer, COPD, and emphysema. The cause of these conditions is not service-connected or related to any exposure to herbicides during his military service.

The Board is remanding the case for further development, including obtaining an addendum opinion from a VA cardiologist regarding the calcification of the Veteran's abdominal aorta and its relation to his death.

The case is being remanded for further development to determine if the Veteran's respiratory disability, including lung cancer and chronic obstructive pulmonary disease, is related to exposure to Agent Orange or asbestos in service, or secondary to his service-connected diabetes mellitus and coronary artery disease.

The Veteran's service-connected leg disabilities contributed to his death from respiratory arrest and pulmonary fibrosis, meeting the criteria for service connection for the cause of death.

The Veteran was granted service connection for lung cancer, but denied for prostate, pancreatic, colon and lymph node cancers for purposes of accrued benefits.

The Veteran's cause of death was not service-connected, and he did not meet the criteria for burial benefits. The Board found that his lung cancer is less likely as not caused by or a result of military service.

The Board has remanded the claims of service connection for tinnitus, degenerative disc disease of the cervical spine, hypertension, a respiratory disability including lung nodules, chronic obstructive pulmonary disease, and asthma, kidney cysts, and skin cancer due to incomplete records and procedural issues.

The Board has remanded the case for additional development, including obtaining private treatment records and scheduling a Social and Industrial Survey to determine if the Veteran's service-connected disabilities preclude him from securing or following substantially gainful employment.

The Veteran's colon cancer and lung cancer are granted service connection as they were due to ionizing radiation exposure during his military service.

The Veteran died from lung cancer, post-obstructive pneumonia, subclavian thrombus, and coronary artery disease. The cause of death is not service-connected as the conditions were not related to his active service or any presumptive exposure.

The Veteran's death was not service-connected, but the appellant is seeking DIC benefits under 38 U.S.C.A. § 1318 due to his service-connected PTSD and other conditions.

The Board found that the cause of the Veteran's death was not related to a service-connected disability or an injury or disease incurred in or aggravated by active military service. The Board also determined that the Veteran's death was not due to carelessness, negligence, lack of proper skill, error in judgment, or similar instance of fault on the part of VA.

The Board denied the claim for service connection for the cause of the Veteran's death, finding that there was no evidence to support a presumption of exposure to Agent Orange and thus denying presumptive service connection. The Board also found insufficient evidence to establish direct service connection.

The Veteran's claim for a separate compensable rating for sleep apnea was denied as there is no legal basis for the assignment of such a rating. The Veteran's status post lung cancer and sleep apnea are rated together, with the status post lung cancer being the predominant disability.

The Veteran's lung cancer is found to be related to his exposure to asbestos in service, and the Board grants service connection for this condition.

The Board has reopened the Veteran's claims for PTSD, lung cancer, and teeth extraction due to new evidence. However, additional development is needed as VA examinations are required to determine if these conditions are related to service or any other relevant factors.

The Board has determined that the Veteran had qualifying service for VA compensation purposes, and therefore his spouse is entitled to benefits.

The Board has determined that the Veteran's lung cancer was not incurred in or aggravated by service, and is not due to asbestos exposure. The claim for service connection for lung cancer is denied.