Lung cancer decisions — 2017

The Veteran's lung cancer disease was rated at 30 percent from March 26, 2012 to February 20, 2017. After the diagnosis of metastatic mucinous adenocarcinoma in February 2017, his disability rating was increased to 100 percent.

The Board found that the Veteran's lung cancer was not incurred in service or related to his service-connected COPD, and thus denied the claim for service connection.

The Board has remanded the case due to issues with substitution eligibility and additional development is required before a decision can be made on the service connection claims.

The Board has decided to remand the case for further development and medical opinion regarding the cause of death, including whether service-connected conditions contributed to or caused the Veteran's cancer.

The Veteran's metastatic adenocarcinoma with metastases to the bone, liver, adrenal glands and lymph nodes was granted service connection as secondary to his PTSD. The cause of death due to metastatic adenocarcinoma of unknown etiology is also considered secondary to his alcohol use.

The Veteran's lung cancer is granted as service connected due to presumed exposure to an herbicide agent during his service in the inland waterways of the Republic of Vietnam.

The Veteran's lung nodule was determined to be benign and there is no evidence of a current diagnosis of lung cancer. The Board denied the claim for service connection.

The Veteran's lung cancer is being remanded for a VA examination to determine if it is related to exposure to contaminated water at Camp Lejeune. The appeal will be reconsidered after the examination.

The Veteran's appeal is being remanded for further development, including scheduling a VA examination to assess the combined effects of his service-connected disabilities on his employability.

The Veteran's claims are being remanded for further development due to the need for additional medical opinions and treatment records.

The Veteran's colon cancer, which was the underlying cause of death, is found to be related to his exposure to herbicides in service. As a result, the claim for service connection for the cause of the Veteran's death is granted.

The Board denied the appellant's claim of service connection for the cause of her husband's death, finding that there was no clear and unmistakable error in the previous denials based on insufficient evidence connecting the Veteran's lung cancer to his military service.

The Veteran's death was found to be caused by his service-connected anxiety neurosis, and the claim for service connection for cause of death is granted. The appellant's claim for compensation based on need for regular aid and attendance or housebound status for accrued benefits purposes is denied due to lack of evidence showing that the Veteran needed such assistance.

The Veteran's prostate and lung cancers are presumed to be due to herbicide exposure during service, granted.

The Board has granted service connection for lung cancer, bladder cancer, and kidney disease, finding that the Veteran's cancers and kidney disease are presumed to be caused by exposure to herbicide agents during his service in Vietnam.

The Veteran's claim for service connection for COPD is being remanded due to the need for further medical opinion regarding whether his COPD was aggravated by his service-connected lung disability.

The Veteran's appeal is being remanded for further development, including obtaining additional VA and/or private treatment records, scheduling a VA examination to assess the impact of his service-connected disabilities on his occupational functioning, and considering an extraschedular evaluation for the right thumb injury. The TDIU claim will also be considered in light of the Veteran's cancer residuals.

The Board denied the appellant's request to reopen her claims for service connection for the cause of the Veteran's death and entitlement to accrued benefits, finding no new and material evidence was submitted.

The Veteran's death was due to lung cancer, presumed to be caused by herbicide exposure during service in the Gulf War. The Appellant did not file a claim for DIC benefits until November 29, 2012, more than one year after the effective date of the liberalizing law that established the presumption. Therefore, an earlier effective date is denied.

The Veteran seeks service connection for lung cancer due to in-service asbestos exposure. The case is being remanded as the necessary medical evidence is needed to determine if his lung cancer is related to his asbestos exposure.