Lung cancer decisions — 2018

The Board has dismissed the appeals for accrued benefits, VA death pension benefits, and DIC under 38 U.S.C. § 1318 due to withdrawal of claims by the appellant. The appeal for service connection for the cause of the Veteran's death is remanded for further development.

The Board has denied service connection for lung cancer due to the lack of a current diagnosis. The claims for bladder cancer, increased PTSD rating, increased CAD rating, earlier effective date for CAD, and TDIU are remanded.

The Veteran's cause of death was not service-connected due to the absence of evidence linking his conditions to military service, and there is no presumption of exposure to herbicides in Thailand.

The Veteran died of metastatic pancreatic adeno carcinoma, but there is no evidence to support that his death was due to lung cancer. The Board found the service connection for cause of death denied.

The reduction from 100% to 0% for lung cancer status post-surgical resection was proper and restoration is denied.,The reduction from 10% to 0% for right leg scar effective January 1, 2015 was not proper; restoration of the 10% rating is warranted.

The Veteran's death was caused by cardiopulmonary arrest and metastatic lung cancer. The Board found no service connection for the cause of death as there is no evidence linking the lung cancer to in-service asbestos exposure.

The Board denied the claim for service connection for lung cancer due to ionizing radiation exposure as there was no evidence of in-service exposure or a link between the condition and military service.

The Veteran is granted a 100% evaluation for lung cancer residuals from February 12, 2010 to August 22, 2010. He is also granted a 10% evaluation for lung cancer residuals as of August 23, 2010 and a 30% evaluation as of January 26, 2012.

The Board has remanded the claims for lung cancer and pancreatic cancer due to a lack of a clear opinion regarding their relationship to service. The VA examiner is asked to provide an answer with supporting rationale.

The Board has remanded the claims for compensation under 38 U.S.C. § 1151 and service connection for a lung disability and depression due to inadequate medical treatment at a VA facility, as well as whether the Veteran's acquired psychiatric disorder is secondary to his lung disability.

The Board has remanded the case due to insufficient evidence and an inadequate medical opinion. The Veteran's lung cancer is being reviewed again with additional records requested.

The Board found that the Veteran does not have a current diagnosis of lung cancer and thus denied his claim for service connection.

The Veteran's disability rating for lung cancer was reduced from 100% to 30%, effective September 1, 2014. The Board also granted TDIU based on the combined effects of his service-connected disabilities.

The Veteran's claims for increased evaluations and service connection were denied. The Board found that the residuals of left lung cancer did not meet criteria for a compensable evaluation, while erectile dysfunction was rated as noncompensable. Service connection for obstructive sleep apnea is remanded.

The Board dismissed the appeals because the appellant died during the pendency of the appeal.

The Board denied service connection for right lung cancer and right lung removal, finding that the evidence does not support a link between the Veteran's military service and his current conditions.

The Board granted service connection for the cause of the Veteran's death with an effective date of November 14, 2011. The claim was reopened based on new and material evidence.

The Board found that service connection for lung cancer was granted with an effective date of September 16, 2013. Service connection for squamous cell carcinoma of the lip is in equipoise and thus remains pending.

The Board has remanded the TDIU claim due to inadequate development and lack of information on the Veteran's employment status. The Veteran needs to provide a full educational and employment history, and he should be examined for his major depressive disorder.

The Veteran's appeal is remanded due to the need for a VA examination to determine the current severity of his service-connected residuals of lung cancer disability.