Lung cancer decisions — 2015

The Board found that the Veteran's cause of death, metastatic lung cancer, was not caused or contributed substantially or materially to his death by any disability incurred in or aggravated by service, including from exposure to ionizing radiation. The claim for service connection for the cause of the Veteran's death is therefore denied.

The Veteran's lung cancer claim is being remanded for further development, including obtaining information from the U.S. Department of Defense and VA Chemical Biological Warfare Exposure System regarding his alleged exposure to mustard gas during service.

The Board has reopened the appellant's claim of entitlement to service connection for the cause of the Veteran's death and granted it, finding that new and material evidence had been received. The Veteran was presumed exposed to herbicides in Vietnam during his active military service.

The Veteran's initial compensable disability rating for large cell lung cancer and residual scarring from left upper lobectomy was denied. The claim for higher evaluation of anxiety disorder and depressive disorder as secondary to the service-connected disability of large cell lung cancer status post left upper lobectomy is pending.

The Board has ordered additional development due to the need for an addendum opinion regarding the etiology of the Veteran's diagnosed hypertension, specifically whether it is proximately due or aggravated by service-connected lung cancer or CAD.

The Board has remanded the case to verify whether the Veteran had exposure to herbicides in Thailand and to develop claims for asbestos exposure during service, TCE exposure at Camp Castle, and Agent Orange exposure. The claim will be reconsidered based on these developments.

The Board has decided to remand the claim for further development due to inconsistencies in the medical opinion provided and the need for additional VA examination.

The Board has remanded the case due to insufficient evidence regarding the Veteran's exposure to herbicides in Thailand, which could affect his claim for DIC benefits. The VA will need to verify or clarify this aspect of the case.

The Board has decided to remand the Veteran's claims for lung cancer and meningioma tumor of the brain due to contaminated water exposure at Camp Lejeune. Further medical opinion is needed to determine if these conditions are related to service, taking into account the Veteran's smoking history and family history.

The Veteran withdrew his appeals for the issues of entitlement to service connection for prostate cancer, bone cancer, lung cancer, erectile dysfunction and mental stress.

The Board has determined that the Veteran's claimed conditions are not related to service, including exposure to contaminated water at Camp Lejeune. The claims for service connection have been denied.

The Veteran died of lung cancer, a covered herbicide disease. The effective date for the grant of service connection for the cause of death is denied as it cannot be earlier than June 22, 2005.

The Veteran's death was caused by lung cancer, which is presumed to have been incurred during active service due to exposure to herbicides in Thailand and Vietnam.

The Board has determined that the Veteran's lung cancer, which he was diagnosed with during his lifetime, is related to his in-service exposure to tear gas. The Board granted service connection for this condition based on a positive nexus opinion provided by his treating physician.

The Board determined that the reduction in the rating for the Veteran's service-connected status post lung cancer with sleep apnea from 100% to 50% was proper, effective November 23, 2010.

The Board has granted service connection for non-small cell lung cancer and G6PD deficiency. The Veteran's death was due to his non-small cell lung cancer.

The Veteran's claims for service connection for diabetes mellitus type II, lung cancer, hypertension, and peripheral neuropathy of the bilateral lower extremities were denied due to lack of evidence supporting a nexus between these conditions and his military service. The appeal was not about service connection at all.

The Board has remanded the case for further development, including obtaining the Veteran's service personnel records and notifying the appellant of the information needed to support a claim based on herbicide exposure in Thailand. The appeal is currently pending.

The Veteran's metastatic lung cancer, presumed to be caused by herbicide exposure during service in Thailand, is found to have caused his death. The Veteran also had a pending claim for service connection for the cause of his death, which is now granted. Basic eligibility for Dependents' Educational Assistance (DEA) benefits under Chapter 35, Title 38, United States Code, is established.

The Veteran died in 2005, but the cause of death was not due to a disability incurred or aggravated prior to August 13, 1981. The Board found that the lung cancer and COPD did not have their onset before this date.