Lung cancer decisions — 2018

The claim for an earlier effective date for the grant of service connection for lung cancer is dismissed as a matter of law because it constitutes a freestanding claim and there was no appeal within one year.

The Veteran's claim for service connection for metastatic lung cancer was filed on October 12, 2011. The effective date of the grant of service connection is set at October 12, 2011 as it is later than when entitlement arose in 2009.

The Board has granted service connection for COPD and lung cancer, with the latter being granted on a presumptive basis due to exposure to herbicide agents in Vietnam.

The Board granted service connection for the cause of the Veteran's death, finding that his small cell lung cancer was likely caused by his liver cancer, which was presumed to be due to exposure at Camp Lejeune. The decision is based on a presumption of exposure and does not involve direct service connection.

The Board has granted service connection for lung cancer, finding that the Veteran's current diagnosis is at least as likely as not related to his military service, including exposure to carcinogens.

The Veteran's lung cancer, which caused his death, is not service-connected as it was not incurred or aggravated by service. The Board found that the evidence did not support a finding of direct service connection and noted that there was no clinical findings indicative of an asbestos-related disease in the Veteran’s lungs.

The Veteran's appeal regarding a compensable rating for lung cancer prior to August 27, 2014 has been dismissed due to his death.

The Board has remanded the case due to incomplete verification of the Veteran's service in Vietnam, which is required for presumptive service connection for lung cancer.

The Veteran's death was caused by lung cancer, with COPD and tobacco use contributing to the cause. Service connection for the cause of death is denied as there is no evidence linking the conditions to service or any presumptive exposure.

The Board has remanded the case due to insufficient development of the Appellant's contentions regarding her husband's mental health conditions and alleged herbicide exposure. The VA must obtain a formal finding from the JSRRC regarding the Veteran’s alleged herbicide exposure, and develop the Appellant's claims for service connection for various disabilities.

The Board has granted accrued benefits for the Veteran's breathing problems, finding that they are secondary to his service-connected non-small lung cancer.

Service connection for lung cancer is granted due to presumed exposure to Agent Orange. Service connection for Guillain-Barre Syndrome and depression are remanded as secondary to service-connected conditions.

The Board denied an increased rating for residuals of lung cancer and a TDIU due to service-connected disabilities. The Veteran's current disability level does not warrant a higher rating, and the evidence shows he is capable of performing sedentary employment.

The Board denied service connection for the cause of the Veteran's death, finding that his death was not related to a service-connected disability or otherwise related to service. The evidence did not establish that he was exposed to herbicide agents in service.

The Board has remanded the Veteran's claims for lung cancer and Parkinson's disease due to incomplete records, including VA treatment records from Long Beach Healthcare System and private treatment records from INTEGRIS Bass Baptist Health Center. The appellant is requested to provide any non-VA medical records related to these conditions.

The Veteran's claim for higher ratings for residuals of lung cancer prior to September 19, 2016 and since that date was denied. The issue of entitlement to a total disability rating based upon individual unemployability (TDIU) is also remanded.

The Veteran's appeal for service connection for lung cancer has been dismissed due to his death.

The Veteran's cause of death, metastatic lung cancer, is not service-connected as it was not caused or aggravated by his active duty service. The Board found no evidence of radiation exposure in Japan and concluded that the Veteran did not have a service-connected skin disorder that contributed to his lung cancer.

The Board denied service connection for the cause of the Veteran's death, finding that there was no evidence linking his lung cancer or hypertension to his military service.

The Veteran's appeal concerning his lung cancer claim has been dismissed due to his death.