Lung cancer decisions — 2014

The VA medical opinion determined that the Veteran's lung cancer was less likely than not caused by asbestos exposure during service, given his minimal risk of such exposure and lack of evidence of asbestosis. The claim is denied.

The Veteran's respiratory disorder was characterized by FEV-1 findings of 57 percent and FEB/FVC findings of 97 percent, meeting the criteria for a 30 percent rating beginning September 8, 2010. The Veteran's scar on his left upper posterior trunk is rated as non-compensable.

The Board has granted the appellant's claim to establish service connection for small cell, metastatic lung cancer, which was originally filed and perfected by the Veteran. The most competent evidence of record reflects that the Veteran's small cell, metastatic lung cancer was the result of his in-service exposure to asbestos.

The appeal is being remanded to the RO/AMC for review of additional VA treatment records added in November 2011, and a readjudication.

The Board has remanded the case for further development to obtain terminal treatment records and morning reports, as well as a VA medical opinion regarding service connection for the cause of death. The appellant's claim will be reconsidered based on the additional evidence.

The Veteran's hepatitis B, cirrhosis of the liver, and liver cancer are service-connected. Lung cancer is also service-connected as a metastasis of liver cancer. The Veteran needs regular aid and attendance due to his service-connected conditions.

The Board has determined that the appellant's claims for service connection for a left knee disability and lung cancer with metastases to the brain are denied as they were not pending at the time of the Veteran's death, making them ineligible for accrued benefits.

The Veteran died of squamous cell lung cancer, which is not service-connected. The appellant's DIC claim was denied as the cause of death was not due to a service-connected disability.

The Board denied the Veteran's claims for service connection for squamous cell lung cancer and polycythemia, finding that there was no evidence of in-service exposure to Agent Orange or other herbicides. The Board also found that the current disabilities were not related to service.

The Veteran's lung cancer is found to be secondary to his bladder cancer, which was caused by asbestos exposure during service. As such, the claim for service connection for lung cancer is granted.

The Veteran's appeal has been dismissed due to his death, and the Board does not have jurisdiction to adjudicate the merits of his claims.

The Veteran's service-connected erectile dysfunction and residuals of lung cancer are both rated at the lowest possible compensable level (10%) due to lack of specific findings warranting higher ratings. The Board found that the Veteran does not have penile deformity for his erectile dysfunction, and his lung disability is currently stable with no recurrence or metastases.

The Board has determined that a dose estimate for the Veteran's in-service radiation exposure is needed to decide his claim of service connection for cause of death due to ionizing radiation.

The Board denied the appellant's claim for service connection for the cause of her husband's death, finding that his lung cancer was not caused by or related to his service-connected conditions.