Lung cancer decisions — 2016

The Board has remanded the case due to missing service records and a need for further medical opinion regarding asbestos exposure. The Veteran's death is being considered for service connection, but without clear evidence of service connection.

The Veteran's lung cancer was not incurred or aggravated by service, and the claim is denied as there is no evidence of exposure to Agent Orange during his service in Thailand.

The Veteran's lung cancer was not found to be related to service, including exposure to ionizing radiation. The claim for service connection is denied.

The Veteran's claim for service connection for COPD has been granted, but the appeal is dismissed as there are no specific allegations of error in the determination.

The Board denied the claim for an earlier effective date for the grant of service connection for lung cancer and brain cancer due to exposure to Agent Orange, finding that the Veteran's claim was not received until August 16, 2010.

The Board found that the service-connected residuals from cold injury of the left and right lower extremities did not cause or contribute to the Veteran's death.,The Veteran died due to non-small cell lung cancer, which was not proximately caused by VA care.

The Veteran's claims for lung cancer, COPD, diabetes and hypertension are being remanded due to the need for additional examinations and opinions regarding their etiology.

The Veteran's appeal has been withdrawn by his representative, resulting in the dismissal of the case.

The Board found that exposure to contaminated water at Camp Lejeune did not materially contribute to the Veteran's death, and service connection for cause of death is denied.

The Veteran's lung cancer is found to be a primary cancer and presumed service-connected due to his exposure to Agent Orange during his Vietnam service.

The Board denied an earlier effective date for the grant of service connection for lung cancer, finding that no claim was filed prior to December 31, 2009.

The Veteran's lung cancer was metastatic from primary renal cancer and not related to herbicide exposure. The Board denied service connection for the cause of death as there is no evidence showing a disease or injury incurred in service caused or contributed substantially or materially to his death.

The Veteran's claim for an initial compensable rating for the residuals of his lung cancer is granted, with a minimum separate rating of 10 percent for symptoms analogous to chronic fatigue syndrome.

The Board has determined that the Veteran does not have erectile dysfunction as a result of his military service and therefore, denied his claim for service connection.

The Board found that the Veteran's lung cancer was not incurred in or aggravated by service, did not become manifest to a compensable degree within one year following separation from service, and could not be attributed to exposure to certain toxins or any incident related to service. As such, the claim for service connection for lung cancer is denied.

The Veteran's lung cancer, which caused his death, was not service-connected. The Board found that the Veteran's service-connected conditions did not cause or contribute to his death.

The Board has determined that additional development is necessary before the claims can be adjudicated, including obtaining an addendum opinion from a VA examiner regarding the Veteran's lung cancer and its relation to his service at Camp Lejeune.

The Board has denied the Veteran's claims for service connection for a lung disability and an acquired psychiatric disorder. The lung disability claim was denied as new evidence did not relate to an unestablished fact necessary to substantiate the claim, while the psychiatric disorder claim was denied due to lack of established medical evidence connecting the current disability to the claimed stressor.

The Board has remanded the cases for further development due to insufficient verification of herbicide exposure in Thailand.

The Veteran's spouse was not recognized as the surviving spouse for purposes of entitlement to Dependency and Indemnity Compensation (DIC) due to her marriage being less than a year prior to his death.