Lung cancer decisions — 2016

The Veteran's cause of death, metastasized lung cancer, is denied as not related to service or service-connected conditions.

The Veteran's lung cancer and other respiratory conditions are presumed to be related to his service in Vietnam, where he was exposed to herbicides. The Board has determined that additional evidence is needed to make a determination on the issue of service connection.

The Veteran's death was not caused by his own willful misconduct, and at the time of his death he had service-connected disabilities that were continuously rated totally disabling for less than 10 years prior to his death. Therefore, the criteria for DIC under 38 U.S.C.A. § 1318 are not met.

The Board has determined that service connection is not warranted for the Veteran's left knee disorder as there is no evidence of a current disability within one year after discharge and no medical opinion linking the condition to service. Service connection for lung cancer is granted.

The Board has determined that the Veteran's death was caused by his service-connected asbestos-related lung cancer, and thus grants service connection for the cause of the Veteran's death.

The Board denied the reopening of a claim for service connection for lung cancer, finding that new and material evidence had not been submitted.

The Veteran's death was caused by pancreatic cancer, which is not service-connected. The Board found no evidence that his service-connected lung or prostate cancers were the cause of his fatal pancreatic cancer.

The Board found no evidence of in-service injury or disease, including no chronic in-service symptoms of disability of the kidney, skin, eyes, or lungs. The Veteran was not exposed to ionizing radiation during service and there is no competent medical opinion linking his current disabilities to service.

The Veteran's service-connected respiratory disability, status post right thoracotomy, residual of lung cancer, is rated at 60 percent from June 7, 2010. The Board found that the evidence did not support a higher rating for any period.

The Veteran's claims for service connection for coronary artery disease, lung cancer, COPD, and renal cancer are granted due to presumed exposure to herbicides in service.

The Board has determined that new and material evidence has been submitted to reopen the claim of service connection for the cause of the Veteran's death. The Veteran is presumed to have developed lung cancer as a result of his in-service herbicide exposure, which was linked to his duties at Ubon Royal Thai Air Force Base. As a result, the Board granted service connection for the cause of the Veteran's death.

The Veteran's lung cancer was granted service connection for accrued benefits purposes effective from February 23, 2012. The claim was received in February 2012 and the date of entitlement arose in February 2011.

The Board found that the Veteran did not have service-connected disability at the time of his death, and there was no evidence of exposure to herbicides in Vietnam. Therefore, the cause of death from metastatic small cell lung cancer is not considered service-connected.

The Veteran's lung cancer was not incurred in or aggravated by service and may not be presumed to have been incurred therein. The Board found that the Veteran did not serve in Vietnam, nor is there evidence of exposure to Agent Orange.

The Veteran's death was caused by sepsis, which the VA and private medical opinions suggest were related to his service-connected lung cancer, diabetes mellitus type II, and ischemic heart disease. The Board finds that these conditions contributed substantially or materially to cause the Veteran's death.