Lung cancer decisions — 2018

The Veteran's death was caused by emphysema (with contributory causes of lung cancer and congestive heart failure), which is etiologically related to his in-service herbicide agent exposure. Service connection for the cause of the Veteran's death is granted, but the claim of nonservice connected death pension benefits is dismissed due to the grant of service connection.

The Board has granted service connection for lung cancer and pulmonary embolism and deep vein thrombosis, finding that the Veteran's conditions are at least as likely as not related to his active duty service.

The Board has determined that additional development is necessary before the claims can be adjudicated, including obtaining service personnel records and STRs, as well as SSA disability benefits records. VA examinations are also required to determine the nature and etiology of the Veteran's current disabilities.

The Board has determined that further development is needed to determine if the Veteran's lung cancer, which caused his death, was caused by exposure to contaminants at Camp Lejeune. The case will be remanded for this purpose.

The Veteran's disability rating for non-small cell lung cancer was reduced from 100% to 20%, effective March 1, 2014. The reduction was proper as the evidence showed material improvement in his condition after completing treatment.

The Veteran's cause of death was non-small cell lung cancer, with a secondary cause of prostate cancer. The VA determined that neither condition is related to his military service.

The Veteran's death is connected to his service-connected mesothelioma, which was caused by asbestos exposure in the Navy. The appellant is therefore entitled to VA burial benefits.

The Veteran's death was caused by lung cancer, which is not service-connected. The Board found no evidence of VA negligence or fault in the care provided.

The Board has remanded the case for additional development, including obtaining medical opinions on whether lung cancer is related to service-connected bladder cancer and due to exposure at Camp Lejeune.

The Board denied the claim for an earlier effective date for the grant of service connection for lung cancer, finding that December 9, 2010 is the earliest date of receipt of a claim and thus the appropriate effective date.

The Board found that the Veteran's death was not due to a service-connected disability and denied the claim for service connection for the cause of his death.

The Veteran's claim for a higher evaluation of his service-connected chronic fatigue and weakness due to chemotherapy and radiation treatment for lung cancer is granted, with an evaluation of 60 percent.,The Veteran's claim for a compensable rating for residuals of lung cancer from May 1, 2005 is denied.

The Board has granted entitlement to DIC based on service connection for the cause of the Veteran's death due to presumed exposure to Agent Orange. The effective date is set at January 27, 2010.

The Board denied the claim for service connection for the cause of the Veteran's death due to metastatic lung cancer and brain metastases, finding that there was no evidence linking these conditions to his military service.

The Board has granted service connection for left vocal cord paralysis secondary to service-connected lung cancer status-post lobectomy. The issue of an initial compensable rating for scars, status-post lobectomy and lung cancer status-post lobectomy is addressed in the remand portion of this decision.

The Board denied the Veteran's claim for an earlier effective date for service connection due to lung cancer and COPD, finding that he did not meet eligibility criteria from June 9, 1994, when respiratory cancers were added as a presumptive Agent Orange disease. The earliest effective date assigned was September 9, 2004.

The Veteran's lung and kidney cancers were not service-connected, as the cancer was not shown to be related to his military service or any service-connected disability.

The Veteran's service-connected lung disability, which includes residuals of lung cancer, lobotomy right lung with scar, and emphysema, is rated at 60 percent from June 1, 2010 to April 7, 2017. From April 8, 2017 to the present day, it is rated at 100 percent. The Veteran also meets the criteria for SMC at the housebound rate.

The Board has remanded the claims for further development due to inadequate examination reports and opinions.

The Veteran's lung cancer, status post right upper lobectomy, did not meet the criteria for a compensable rating prior to June 25, 2014, and does not warrant a rating in excess of 10 percent thereafter.