Lung cancer decisions — 2017

The Veteran's claim for an earlier effective date than December 16, 2011, for a grant of service connection and a 100 percent rating for non-small cell lung cancer was dismissed as the decision became final upon his death.

The Board denied the appellant's claim for recognition as the Veteran's surviving spouse, finding that she did not meet the legal requirements for such status.

The Board has determined that the Veteran's lung cancer and asbestos related lung disease are related to his in-service asbestos exposure, which is considered a direct service connection. The cause of death due to bladder cancer and lung cancer is also being addressed.

The Board has reopened the claim of entitlement to service connection for the cause of the Veteran's death, but the issue remains pending as it is not yet decided. The appellant contends that her husband's post phlebitis syndrome caused his death and contributed to lung cancer, which was a factor in his death.

From August 13, 2012 to December 11, 2013, the Veteran's hearing loss was not compensable.,From December 12, 2013 to September 14, 2015, the Veteran received a 20% rating for his bilateral hearing loss.,Since September 14, 2015, the Veteran has been assigned a 10% rating for his bilateral hearing loss.

The Veteran died from metastatic lung cancer to the brain. The Board finds that a VA opinion is needed to determine if his death was related to service, specifically his presumed asbestos exposure.

The Veteran's claims for service connection are being remanded due to the need for additional development, including obtaining VA treatment records and a VA examination.

The Veteran is entitled to a TDIU for the period from September 1, 2011 until July 7, 2016 due to his service-connected disabilities.

The Board has determined that the case needs further development to determine if the Veteran was exposed to asbestos during service and to obtain a VA opinion regarding the etiology of his lung cancer.

The Veteran's claims for service connection for lung cancer and diabetes mellitus, type II have been dismissed due to the death of the Veteran prior to a decision.

The Veteran died from cardiopulmonary arrest and metastatic lung cancer. The cause of death is not service-connected as there was no in-service diagnosis or connection to asbestos exposure.

The Veteran's death was caused by lung cancer, which the Board found to be related to his service-connected asbestosis. The Board granted service connection for the cause of death.

The Board has determined that the Veteran's death was not caused by or related to his service, and specifically denied service connection for the cause of his death due to lack of evidence linking his lung cancer to service.

The Veteran's death was caused by non-small cell lung cancer, which the Board finds to be related to his service-connected PTSD and exposure to contaminated water at Camp Lejeune. As a result, the claim for service connection for the cause of death is granted. However, as DIC benefits are no longer applicable due to the grant of service connection, the appeal for DIC under 38 U.S.C.A. § 1318 is dismissed.

The Veteran is seeking service connection for lung cancer, which he claims was caused by exposure to herbicides during his military service. The case has been remanded due to the need for a Board videoconference hearing.

The Board has determined that the Veteran did not have primary lung cancer, but rather had liver cancer with metastases to his lungs. Therefore, service connection for lung cancer is denied.

The Veteran's death was caused by metastatic lung cancer and chronic obstructive pulmonary disease, which were presumed to be due to exposure to herbicide agents during service in Vietnam. The Board granted service connection for the cause of the Veteran's death on a presumptive basis.

The Board has determined that the Veteran's cause of death, metastic lung cancer, was not incurred in or related to his active service. The Board found no evidence linking the lung cancer to any incident during service and no herbicide exposure based on service in Korea.

The Veteran's claim for an increased rating for lung cancer was granted, with a 10 percent rating effective June 25, 2014. The earlier effective date of December 22, 2004 is also granted.

The Veteran does not have lung cancer, and there is no evidence linking his bladder or oral cavity/oropharyngeal cancers to Agent Orange exposure.,Service connection for the Veteran's claimed conditions cannot be established as they are not related to service.