Lung cancer decisions — 2016

The Board finds that the Veteran's death was not caused by VA hospital care or medical treatment, and therefore, DIC benefits under 38 U.S.C.A. § 1151 are denied.

The Board has determined that a medical opinion is needed to determine if the Veteran's metastatic lung cancer was related to his service at Camp Lejeune, including exposure to contaminated drinking water.

The Board has determined that none of the Veteran's service-connected disabilities played a causal role in his death, and there is no evidence to support the claim for service connection for the cause of the veteran's death.

The Veteran's death was attributed to metastatic lung cancer. The appeal seeks service connection for this condition, which may be established based on exposure to ionizing radiation or other environmental chemicals during his active duty in Japan.

The Veteran's death was not caused by a service-connected disability, and there is no evidence of herbicide exposure during his military service. The Board finds that the cause of death (colon cancer) did not occur within one year of separation from service or be otherwise related to service.

The Board has granted service connection for lung cancer and set an effective date of July 30, 2009. The Veteran's claim was based on presumptive service connection due to Agent Orange exposure.

The Veteran's claim for service connection for an acquired psychiatric disability (PTSD) is denied, while his claim for lung cancer due to herbicide exposure in Thailand is granted.

The Veteran's lung cancer and end-stage renal disease, status post kidney transplant, are being remanded for further examination to determine if they were caused by exposure to contaminated drinking water at Camp Lejeune.

The Veteran's death benefits claim was denied because the appellant and the Veteran were not legally married, and therefore she is not recognized as a surviving spouse for VA purposes.,Claims for disability compensation under 38 U.S.C.A. § 1151 for metastatic lung cancer and gout and loss of limb are also denied.

The Veteran's lung disorder, including his postoperative residuals of lung cancer and right lower lobectomy, is being remanded for additional development to determine if it is at least as likely as not related to his in-service asbestos exposure.

The Veteran's cause of death was due to metastatic lung cancer, which the appellant claims is related to his service. The VA needs to obtain and review all available medical records and determine if there is evidence linking the lung cancer to his service.

The Veteran's service treatment records are silent for any complaints or diagnoses of colon, lung, or throat cancer. Post-service VA and private treatment records indicate that the Veteran has been treated for these cancers.,A VA physician in October 2013 concluded that the Veteran's colon, lung, and throat cancers were not etiologically related to his exposure to contaminated water at Camp Lejeune.

The Board found that the Veteran's net worth was no longer a bar to receiving nonservice-connected pension benefits with special monthly pension based on the need for aid and attendance as of June 1, 2015. Prior to this date, his income and life expectancy were such that it was reasonable to expect him to spend down some part of his net worth for maintenance.

The Board found that the Veteran's tuberculosis did not manifest during service or within one year of separation, and any current tuberculosis is not related to service. The lung cancer was also not related to service.

The Board denied service connection for hypertension, kidney disability, respiratory disability other than lung cancer (including throat cancer), and sleep apnea due to lack of evidence linking these conditions to active duty service or presumed exposure to herbicide agents.

The Veteran's death was caused by small cell lung cancer, which is presumed to be due to his service in Vietnam and exposure to herbicides. The effective date for DIC benefits and Chapter 35 eligibility for Dependents' Educational Assistance has been set at November 1, 1991.

The Board has granted the appellant's claim to reopen her service connection claim for cause of death. The underlying issues regarding accrued benefits and TDIU are addressed in the REMAND portion of this decision.

The Board has dismissed the appeal due to the appellant's withdrawal of the appeal prior to a decision being made.

The Veteran's cause of death, COPD, was not service-connected due to direct or presumed exposure. Lung cancer is not established as a result of service.

The Board has determined that the Veteran did not serve in a location where exposure to herbicides could be presumed, and there is no evidence of actual exposure. The claims for service connection for lung cancer and diabetes are denied as they do not meet the criteria for presumptive service connection due to herbicide exposure.