Lung cancer decisions — 2018

The Veteran's lung cancer is not service connected as it was less likely than not caused by his service, specifically due to the lack of exposure to herbicide agents or asbestos in service.

The Board has determined that the Veteran was presumptively exposed to herbicide agents during service and his lung cancer manifested within a year of such exposure, thus granting service connection for lung cancer on a presumptive basis.

The Board has determined that the Veteran's lung cancer, which caused his death in January 2008, is related to asbestos exposure during service. As such, the claim for service connection for the cause of the Veteran's death is granted.

The Veteran's lung cancer residuals have been rated at 100 percent from November 12, 2004 to August 17, 2007 and in excess of 60 percent beginning April 26, 2017. The Board has determined that the current rating of 30 percent is appropriate for the period from August 17, 2007 to April 26, 2017.

The Veteran's lung cancer is presumed to be due to herbicide exposure during his service in Thailand, and the Board has granted service connection for this condition.

The Veteran's service-connected disabilities do not render him unable to secure or follow a substantially gainful occupation.

The Board has determined that additional development is needed to determine the Veteran's exposure to radiation, herbicide agents, and asbestos during service. The claims for service connection for lung cancer and brain cancer will be remanded for further action.

The Board has denied the Veteran's claims for service connection for diabetes, heart disability, and gallbladder removal residuals due to contaminated water exposure at Camp Lejeune.

The Board found that the Veteran's lung cancer is not related to his military service, including exposure to asbestos or ionizing radiation. The claim for service connection was denied.

The Board has determined that additional development is needed to properly adjudicate the Veteran's claims, including obtaining VA examinations and attempting to obtain private treatment records.

The Veteran's lung cancer and depression were not found to be related to his service, including exposure at Camp Lejeune.

The Veteran's lung cancer, which caused his death in 2000, is found to be related to his active service at Camp LeJeune. Service connection for the cause of death is granted.

The Board has reopened the claim of service connection for cause of death and granted it, finding that new evidence supports a reopening of the claim due to herbicide exposure during service. The Veteran's cause of death was large cell lung cancer.

The Veteran's cause of death is listed as metastatic non-small cell lung cancer. The Appellant seeks service connection for the cause of the Veteran's death and a burial allowance, but the appeal is remanded due to insufficient evidence regarding the etiology of the lung cancer.

The Board has determined that the Veteran does not have a current diagnosis for lung cancer, COPD, or residuals of pneumonia. The VA examiner found no objective evidence to support these diagnoses and opined that there is no relationship between the diagnosed conditions and service.

The Board has granted service connection for type II diabetes mellitus, lung cancer, and diabetic retinopathy due to herbicide exposure. Service connection is also granted for colon cancer, liver cancer, and skin cancer based on direct causation in service.

The Board has remanded the case for additional development, including obtaining a VA oncologist's opinion regarding whether the Veteran's testicular cancer was related to his service and herbicide exposure. The appeal will be returned to the AOJ for further consideration.

The Board found that the preponderance of evidence did not support a finding that the Veteran's cause of death by metastasized lung cancer was proximately caused by the fault of the Milwaukee VA Medical Center (VAMC) during their care, and thus denied DIC benefits under 38 U.S.C.A. § 1151.

The Board has determined that the evidence is at least in equipoise as to whether the Veteran's lung cancer is related to service, and therefore grants service connection for lung cancer.

The Veteran is seeking service connection for lung cancer, which he claims was caused by exposure to ionizing radiation during his military service. The Board has remanded the case for additional development including obtaining records and a dose estimate.