Lung cancer decisions — 2015

The Board finds that the Veteran's in-service asbestos exposure contributed to his cause of death, metastatic lung cancer.

The Veteran's appeal was dismissed due to his death during the pendency of the appeal.

The Board found no evidence of exposure to herbicides or radiation during service, and thus denied the Veteran's claims for service connection for lung cancer, skin cancer, and bladder cancer.

The Veteran's lung cancer was successfully treated with no recurrence or metastasis. The RO reduced his rating from 100% to 30%, effective October 1, 2012.

The Veteran's lung cancer is being remanded for further development, including obtaining a medical opinion on the relationship between his service-connected exposure to asbestos and his lung cancer.

The Board has determined that the Veteran's non-small cell lung cancer developed as a result of VA medical treatment, and that this delay in diagnosis was due to negligence or similar instance of fault on the part of VA medical care providers. As such, the criteria for compensation under 38 U.S.C.A. § 1151 have been met.

The Board granted an increased rating of 50 percent for PTSD effective September 18, 2012 and also granted a TDIU based on the Veteran's service-connected disabilities.

The Board denied the Veteran's claim for service connection for lung cancer, finding that there was no evidence of herbicide exposure and insufficient medical evidence to support a direct link between asbestos exposure in service and his current condition.

The Board denied the Veteran's claims for service connection for PTSD and lung cancer, finding that new and material evidence had not been submitted to reopen the PTSD claim and that there was no evidence of herbicide exposure or a link between lung cancer and service.

The Veteran's only service-connected disability was residuals of a right lobectomy due to lung cancer, rated at 30 percent. The evidence does not indicate that he was precluded from securing and following some form of substantially gainful employment as a result of his service-connected disability.

The Board has ordered a remand to obtain private treatment records, associate the May 2011 VA medical opinion with the claims file, and obtain a supplemental VA medical opinion regarding whether the Veteran's service-connected PTSD was a contributory cause of death.

The Board found that the cause of death, lung cancer, was not related to service and thus denied the claim for service connection for the cause of death.

The case is being remanded for further development, including obtaining service personnel records and VA medical records, assessing radiation exposure claims, and considering the Veteran's death from lung cancer potentially accelerated by his service-connected back disability.

The Board has determined that the Veteran's fatal lung cancer, which caused his death in September 1999, was not related to service, including exposure to asbestos or any psychiatric disorder. As a result, the claim for service connection for the cause of the Veteran's death is denied.

The Board found that the Veteran's claimed conditions did not meet the criteria for service connection, as there was no evidence showing they were incurred or aggravated during his active duty service. The claims are therefore denied.

The Veteran's claim for bilateral hernia in the thighs is denied as there is no evidence of a current disability and it was not incurred or aggravated by service.,The Veteran's lung cancer claim is denied as there is no evidence that it manifested during service, within one year after separation from service, or is otherwise related to his military service.,The Veteran's bilateral peripheral vascular disease in the lower extremities claim is denied as there is no evidence of a current disability and it was not incurred or aggravated by service.,The Veteran's kidney cysts claim is denied as there is no evidence of a current disability and they are not related to his military service.

The Veteran's claims for increased evaluations and special monthly compensation were denied. The lung cancer residuals did not meet the criteria for a compensable evaluation, while the depressive disorder warranted an initial rating of 30 percent.

The Veteran's claim for an effective date prior to January 10, 2011 for a 100% disability rating for right lung cancer is denied. The earliest evidence of lung cancer was found in the January 10, 2012 VA report showing lung nodules on CT examination.

The Veteran's lung cancer is being remanded for an addendum VA examination to determine if it had its onset during military service or is otherwise related to military service, including the lung conditions noted during service.

The Board has determined that the Veteran's small cell lung cancer is more likely than not associated with his exposure to asbestos, diesel fuel, and possibly silica in addition to his history of smoking during service.