Lung cancer decisions — 2015

The Board has decided to remand the case due to the Appellant's failure to appear for a scheduled videoconference hearing, and because good cause was shown for rescheduling.

The Veteran claims his current lung cancer was caused by ionizing radiation exposure during service. The appeal is remanded to complete the necessary development for a determination on this claim.

The Veteran's death was due to lung cancer, presumed incurred as a result of herbicide exposure. The effective date for DIC benefits is set at the first day of the month in which the Veteran died.

The Board has determined that the Veteran's claimed conditions are not related to his military service and have denied all of his claims for service connection.

The Board determined that the Veteran's lung cancer was not incurred in or aggravated by active service and denied his claim for service connection. The cause of death, attributed to cardiac arrhythmia due to respiratory failure and chronic pulmonary emboli due to adeno lung carcinoma, is not considered service-connected.

The Board has remanded the case for additional development, including obtaining an addendum opinion from a VA examiner regarding the Veteran's tuberculosis and lung cancer.

The Board has determined that additional development is needed to determine if the Veteran was exposed to herbicides or other toxic chemicals during his active service, and whether his lung cancer had its clinical onset during his service. The case is being remanded for these purposes.

The Veteran's renal cell cancer, including residuals of a nephrectomy, was granted service connection based on presumed exposure to herbicides during his Vietnam service. Lung cancer is also granted as due to in-service herbicide exposure.

The Veteran's service-connected disabilities are not so severely disabling as to render him unable to secure or follow a substantially gainful occupation, and the Board denies his claim for TDIU.

The Board denied service connection for the cause of the Veteran's death, attributing it to lung cancer and metastatic renal cell adenocarcinoma, which were not found to be caused by Agent Orange exposure.

The Board denied the appellant's claim for an effective date earlier than March 28, 2010 for the grant of service connection for the cause of her husband's death due to lung cancer. The effective date is set at March 28, 2010 as it falls within the one-year period prior to the appellant's March 2011 claim.

The Board has remanded the case for further development, including obtaining psychiatric treatment records and examining whether the Appellant was insane at the time of his dishonorable discharge.

The Veteran's ischemic heart disease is presumed to be due to herbicide exposure in service. The Board finds that the Veteran was exposed to herbicides while stationed at Korat Royal Thai Air Base and thus, his ischemic heart disease is granted service connection on a presumptive basis.

The Board has remanded the case for further development to determine if herbicide exposure caused the Veteran's lung cancer and lymphoma, as well as to verify any such exposure. The appellant is also asked to provide additional information about the nature of her husband's duties at U-Tapao RTAFB.

The Veteran's lung cancer and its residuals are being remanded for further development regarding his exposure to Agent Orange during service in Okinawa.

The Board has determined that the Veteran's kidney cancer and related conditions are presumed to be due to exposure to contaminated water at Camp Lejeune. The Board also finds it is at least as likely as not that these conditions have caused or contributed to his other diagnosed disabilities.

The Board has decided to remand the case for additional development, including obtaining medical records and an addendum opinion from a specialist regarding the Veteran's lung cancer.

The Veteran's claim for special monthly compensation (SMC) based on the need for aid and attendance of another person is granted as of September 22, 2011. The SMC will be at the aid and attendance rate due to his service-connected disabilities.

The Veteran's death was not service-connected, and he did not have a pending claim for benefits at the time of his death. Therefore, he is not eligible for nonservice-connected burial benefits.

The Veteran's appeal for service connection for lung cancer, which was linked to Agent Orange exposure, has been withdrawn.