Lung cancer decisions — 2017

The Board has remanded the case for further development regarding the Veteran's exposure to radiation in service and for consideration of his claim for accrued benefits. The cause of death issue remains pending.

The Veteran's death was caused by metastatic cancer of unknown primary source, which is presumed to be due to his exposure to herbicide agents in Vietnam. As a result, the claim for service connection for the cause of the Veteran's death is granted.

The Veteran's COPD and lung cancer did not meet the criteria for a higher evaluation, as his FEV-1 was between 56 to 70 percent predicted or FEV-1/FVC between 56 to 70 percent, which corresponds to a 10% disability rating.

The Board denied service connection for the cause of the Veteran's death, finding that there was no evidence to support a link between his in-service asbestos exposure and his later-developed lung cancer. The Board also noted that the Veteran had a history of tobacco use, which contributed to his lung cancer.

The Veteran's service-connected disabilities meet the schedular criteria for TDIU, and he is unable to maintain substantially gainful employment due to his service-connected conditions. The issue of service connection for lung cancer has been remanded.

The Board has remanded the case for additional development, including obtaining VA treatment records and an opinion regarding the etiology of the Veteran's fatal colon cancer.

The Veteran's death was caused by metastatic small cell lung cancer, which is presumed to have been caused by herbicide exposure in service. The Veteran's diabetes and COPD are also presumed to be due to herbicide exposure in service.

The Board is remanding the case for further development, including obtaining terminal hospital records and determining whether substitution or accrued benefits claims are appropriate. The cause of death claim will also be readjudicated.

The Veteran died from lung cancer, but there is no evidence that a service-connected disability caused or contributed to his death. The Board found the medical opinion in favor of the appellant to be speculative and therefore not probative.

The Veteran's service-connected residuals of lung cancer associated with herbicide exposure do not meet the criteria for a disability rating in excess of 10 percent, as his pulmonary function tests have consistently shown levels within normal or near-normal ranges.

The Board found that the Veteran's lung cancer is not related to his active service, including any exposure to herbicides or other chemicals. The evidence does not support a finding of service connection for lung cancer.

The Veteran's cause of death, metastatic small cell lung cancer, is found to be at least as likely as not caused by his asbestos exposure during military service.

The Board found no evidence of current disabilities and denied the Veteran's claims for service connection due to a lack of in-service disease or injury, as well as a lack of exposure to herbicide agents.

The Board has determined that the Veteran's lung cancer, which was the immediate cause of his death in 1982, is related to his exposure to herbicides during his period of Active Duty for Training (ACDUTRA) in 1959. As a result, service connection for the cause of the Veteran's death has been granted.

The Board has remanded the case for further development to determine if the Veteran was exposed to Agent Orange during his service in Vietnam, and whether he should be granted service connection for the cause of his death.

The Board found no evidence of negligence, lack of proper skill, error in judgment or similar instance of fault on the part of VA in treating the Veteran prior to his death. The Appellant's claims for negligent medical care were not supported by the evidence.

The Board has ordered additional development due to incomplete records and the need for an addendum opinion regarding the Veteran's pulmonary disorder(s). The case is being returned to the RO for these purposes.

The Veteran's cause of death was primarily due to metastatic lung cancer, which the Board finds at least as likely as not incurred during his time in active service. Therefore, the claim for service connection for the cause of death is granted.

The Board has determined that the Veteran's claims for service connection for prostate cancer, lung cancer, hypertension, brain aneurysm, irregular heartbeat, headaches, and sleep disturbance are not supported by the evidence of record. The conditions have either no direct link to military service or do not meet the criteria for presumptive service connection based on exposure to contaminated water at Camp Lejeune.

The Veteran's claim for an earlier effective date for lung cancer and ED/SMC was denied as there were no prior claims received by VA prior to April 28, 2006.