Lung cancer decisions — 2017

The Veteran's claim for service connection for respiratory cancer, including squamous cell carcinoma of the tongue and floor of mouth and lung cancer, is being remanded due to a need for additional development.

The Veteran's lung cancer is presumed to have been incurred in service due to exposure to Agent Orange, and the claim is granted.

The Board has been notified of the appellant's withdrawal of his appeal, and therefore the appeal is dismissed.

The Veteran's service-connected status post left upper lobectomy for lung cancer is rated at 10 percent, and the Board finds that a higher rating is not warranted.

The Board has remanded the case due to issues related to service connection for various conditions, including prostate cancer, asthma, emphysema, intestinal polyps with blood, lung cancer, and silicosis. The appeal is being returned to the AOJ for further development.

The Board has determined that the Veteran's cause of death, esophageal cancer, may be presumed to have been related to his asbestos exposure during military service. As a result, service connection for the cause of the Veteran's death is granted.

The Board found that the Veteran's lung cancer did not manifest within one year of service separation and was not shown to be related to any service-connected condition. The Board also determined there was no evidence of herbicide exposure during service, particularly in Guam.

The Board has determined that the reduction in rating for residuals of lung cancer status post radiation therapy from 100 percent to 0 percent, effective February 1, 2012, was proper. The Veteran's coronary artery disease is rated as 30 percent disabling and a higher evaluation is denied. TDIU claim has been recognized but further development is needed.

The Veteran's claim for an effective date prior to September 9, 2004 for the award of service connection for status post lobectomy for lung cancer with COPD is being remanded due to a need for additional medical opinions regarding the continuity of his lung cancer from June 9, 1994 to September 9, 2004.

The Board denied service connection for the cause of death, as well as DIC benefits under 38 U.S.C.A. § 1151 and 38 U.S.C.A. § 1318 due to lack of evidence linking the Veteran's death to his military service or any service-connected disability.

The Board has determined that the Veteran's lung disorder, to include lung cancer and residuals of a bronchial carcinoid tumor, is not related to his in-service asbestos exposure. The preponderance of evidence does not support service connection for these conditions.

The Veteran's lung cancer is found to be service-connected, with the presumption of exposure to dioxin-based herbicides like Agent Orange.

The Board denied the claim for service connection for the cause of the Veteran's death, finding no evidence linking lung cancer to his active duty service.

The Board has determined that the Veteran's death was caused by myocardial infection due to lung cancer. The appellant contends this is related to his military service at Camp Lejeune, but VA cannot presume a connection under law for lung cancer. A medical opinion is needed to determine if there is any direct causation.

The Board has ordered a remand to determine if the Veteran was exposed to environmental and chemical hazards while stationed at Fort McClellan, Alabama. If exposure is found, a medical opinion will be obtained to assess whether such exposure caused his lung cancer.

The Board found that the Veteran's lung cancer, which led to his death in February 2011, was not caused by or substantially contributed to by service-connected conditions. The claim for service connection for the cause of the Veteran's death as a result of in-service asbestos exposure and herbicide agent exposure is denied.

The Board has remanded the case for further development to verify the Veteran's exposure to DDT during service in Vietnam and to obtain a medical opinion regarding whether such exposure caused his fatal pancreatic cancer.

The Veteran's appeal is being remanded for additional development, including obtaining medical opinions regarding the timing of his lung cancer recurrence and whether any prior respiratory symptoms were attributable to benign neoplasms. The claims will be reconsidered after this development.

The Board has determined that the Veteran was exposed to herbicides during service and therefore grants service connection for type II diabetes mellitus, ischemic heart disease, and lung cancer as presumptively related to such exposure.

The Board found that the Veteran's lung cancer, which caused his death in August 2007, was not related to his military service or exposure to herbicides. The cause of death is therefore denied.