Lung cancer decisions — 2018

The Veteran's lung cancer status-post lobectomy is rated at 100% from May 1, 2013. The liver cancer associated with the lung cancer is also rated at 100%, starting April 2, 2015. As both conditions are separate and distinct disabilities, the Veteran is granted special monthly compensation (SMC) effective April 2, 2015.

The Veteran's death was caused by VA's failure to timely diagnose his Stage I non-small cell lung cancer, resulting in the progression of the cancer to Stage III. The Board found that this failure proximately caused the Veteran's death and granted compensation under 38 U.S.C. § 1151 for the cause of the Veteran’s death.

The Veteran's appeal involves the propriety of reducing his 100% rating for lung cancer residuals to a 0% rating, and also seeking a higher rating. The Board has decided that both issues should be remanded due to incomplete adjudication.

The Veteran's lung cancer has been granted service connection, but the VA is remanding to determine if a compensable disability rating can be assigned.

The Veteran does not have a current diagnosis of ischemic heart disease or lung cancer, and the evidence is in equipoise as to whether he was exposed to Agent Orange during service. The Veteran has been diagnosed with Hodgkin's lymphoma, which is presumed due to Agent Orange exposure.,Regarding mental health disability, the evidence is in equipoise that it is related to service.

The Veteran's death was caused by lung cancer, which is presumed to be due to herbicide exposure during service. The appellant did not have a pending claim for this condition before the effective date of the liberalizing law in 1994, so her claim cannot be granted retroactively.

The Veteran's death was caused by metastatic lung cancer, which the Board found not service-connected due to lack of evidence linking it to his active duty service. The Board also determined that there was no herbicide exposure during service and thus could not find service connection for the cause of death based on herbicide exposure.

The Board denied service connection for a respiratory disability, including COPD and lung cancer.,Service connection was also denied for the cause of the Veteran's death.

The Veteran's cause of death, metastatic lung cancer with chronic obstructive lung disease as a contributing cause, is not related to service. The Board finds the evidence does not show that his service-connected disabilities caused or materially contributed to his death.

The Board has determined that the service-connected right hip disability contributed to the Veteran's death, and thus grants service connection for the cause of his death.

The Veteran's appeal has been dismissed due to his death. No service connection decision can be made as the issue is not about a claim for service connection.

The Veteran's lung cancer is presumed to be due to herbicide exposure in service. His bilateral hearing loss and tinnitus are not related to his military service.

The Veteran's asthma is granted as secondary to his service-connected allergic rhinitis. The Veteran's respiratory disorder other than lung cancer and asthma, including bronchiectasis, is denied as not related to any disease or injury in service.

The Veteran's death was not related to service or a service-connected disability, and the evidence does not support service connection for his cause of death.

The Veteran seeks service connection for a lung disorder, including lung cancer, due to Agent Orange and/or asbestos exposure. The case is REMANDED for further development.

The Veteran's lung cancer and neurological residuals of brain metastases are currently rated at 60 percent, effective from January 17, 2013.

The Veteran was granted service connection for lung cancer and adenocarcinoma of the liver with a 100% rating effective from December 13, 2011. The effective date for special monthly compensation based on need for aid and attendance is also set to this date.,Eligibility for Dependents' Educational Assistance (DEA) under Chapter 35 of the Veterans Benefits Act was granted with an effective date of December 13, 2011.

The Veteran's service-connected disabilities did not cause or materially contribute to his death, and the causes of death are not otherwise related to service. The claim for DIC under 38 U.S.C. § 1318 is also denied as the Veteran was in receipt of TDIU for over a decade prior to his death.

The Veteran's 100% disability rating for non-small cell lung cancer of the right lung was reduced to 0%, effective July 1, 2014. However, due to the Veteran's death, the Board has no jurisdiction to adjudicate this appeal.