Lung cancer decisions — 2015

The Veteran's lung cancer and polyneuropathy were not service-connected due to lack of evidence linking these conditions to his military service, including exposure at Camp Lejeune.

The Veteran's lung cancer claim is being remanded for a new VA examination to consider her in-service chemical exposure. The back, sinusitis, tinnitus, right foot, right shoulder, and right toe disability rating claims are also being remanded.

The Board has determined that additional development is needed to properly adjudicate the Veteran's claims, including obtaining a VA examination and addressing his employability.

The Veteran's lung cancer was not caused by or related to service, and the Board denied dependency and indemnity compensation based on this finding.

The Veteran's lung cancer, rated at 100% since July 23, 2013, to April 12, 2015, is granted. The TDIU claim is moot as there were no other service-connected disabilities for the period from July 23, 2013 to August 13, 2013.

The Board denied service connection for esophageal cancer and lung cancer, both presumed to be due to exposure to Agent Orange during service. The evidence did not show the cancers had their onset during or within one year after service, nor was there a link between the conditions and herbicide exposure.

The Board has granted the reduction of the Veteran's disability rating from 100% to 10%, effective September 1, 2011. The Veteran is also rated for his COPD and rib pain resulting from his lung cancer surgery.

The Board has determined that further development is needed to determine if the Veteran had service in Vietnam or in waters inland of Vietnam, and whether his metastatic liver cancer with possible primary site of lung cancer was related to active service. The case will be remanded for this purpose.

The Board found that the Veteran's lung cancer, which caused his death in 2004, was not related to his service-connected intervertebral disc syndrome or any other condition incurred during service. The cause of death was determined to be unrelated to service.

The Veteran died from lung cancer, which is not service-connected due to lack of exposure to ionizing radiation during his military service. The Board finds that the preponderance of evidence does not support a finding of service connection for the cause of death.

The Board found that the cause of death, metastatic lung cancer, was not related to service and concluded that no service-connected conditions contributed to the Veteran's death. Therefore, DIC benefits based on the cause of death are denied.

The Board finds that the Veteran was present in Vietnam while traveling home for his father's funeral, and therefore presumed to have been exposed to herbicides. As lung cancer is one of the presumptive conditions listed under Agent Orange exposure, service connection for the cause of death on a presumptive basis is granted.

The Board granted service connection for the Veteran's right lung cancer with status-post pneumonectomy and residual obstructive lung disease, assigning a 100% rating effective November 12, 2014.

The Board has determined that the Veteran's lung cancer, heart condition (claimed as cardiac disease), GERD, memory loss or mood disorder, and tremors are all related to his service due to lead exposure. The effective date is not specified.

The Veteran's lung disabilities, including lung cancer, emphysema, and COPD, are presumed to be related to his service due to herbicide exposure. The claim is granted.

The Veteran's lung cancer, diabetes mellitus, type II, coronary artery disease, and brain cancer are all found to be related to his service due to exposure to herbicides. The claims for these conditions are therefore granted.

The Board found no evidence of testicular, stomach, lung, or lymph node cancers during service or within a year thereafter. The Veteran's current diagnoses were not related to his military service.

The Veteran's lung cancer residuals, rated at 60 percent disabling, have been found to prevent him from engaging in any type of employment due to his respiratory condition. As a result, the Board has granted TDIU.

The Board has remanded the case for further development to determine if the Veteran's lung cancer was a principal or contributory cause of his death, and whether it was related to exposure to asbestos during service. The RO/AMC will also review the locations of the USS Midway in light of the decision in Gray to specifically address whether the Veteran was exposed to herbicides.

The Veteran died from causes including cardiopulmonary arrest, sepsis, COPD, CFH, lung cancer, hypertension, coronary artery disease, and hypothyroidism. The Board found no evidence of service connection for any disability and concluded that the Veteran's death was not caused by or related to his military service.