Lung cancer decisions — 2018

The Veteran's rib condition is being remanded for further examination and evaluation, as it may be related to his lung cancer. The issue of service connection will need to be reconsidered based on the new evidence.

The Board found that the Veteran's lung and pancreatic cancers did not have their onset during service or within one year of service separation, and were not otherwise causally related to his military service. The cause of death was determined to be multiorgan failure due to respiratory failure and lung cancer.

The Veteran's appeal is remanded due to the need for further development and examination, including a VA medical opinion on lung cancer and sleep apnea.

The Veteran's appeal was dismissed due to his death, and no rating decision has been made.

The Veteran's claim for an increased rating for post non-small cell lung cancer, status post right lower lobectomy has been withdrawn by his representative.

The Board has determined that the Veteran's lung cancer is related to his asbestos exposure during active service and grants the claim for service connection.

The Veteran's lung cancer was rated at 100% effective February 3, 2015. The issue of TDIU is not addressed by the AOJ and must be remanded.

The Veteran's lung cancer with post-surgical residuals of lobectomy was rated at 100% from April 12, 2007 to December 20, 2008. From December 20, 2008, a rating in excess of 30% is denied.

The Board has determined that the Veteran's case should be transferred to the St. Paul RO for further development regarding herbicide exposure claims, and a new VA medical opinion is needed to address the etiology of his lung cancer.

The Veteran's lung disability was rated at 100% effective from February 5, 2016. The appeal for service connection for PTSD and residuals of left upper leg burn were granted with new and material evidence received.

The Veteran was granted service connection for diabetes mellitus, type II due to presumed exposure to herbicide agents during his service in Korea. The lung cancer claim was denied.,Diabetes mellitus, type II is considered a presumptive condition based on herbicide exposure.

The Veteran's cause of death was due to metastatic lung cancer, which is service-connected. The Board granted service connection for the cause of the Veteran's death.,The Appellant is not entitled to an effective date prior to June 24, 2015, for the award of special monthly compensation based on her need for aid and attendance.

The Veteran's appeal is being remanded for further development, including a new VA examination to assess the current severity of his service-connected residuals of right lung cancer. The rating assigned will be based on the results of pulmonary function tests (PFTs).

The Board found that the Veteran's lung cancer and death were most likely caused by his long history of smoking, rather than exposure to herbicides in service. As such, the criteria for service connection for the cause of the Veteran's death have not been met.

The Board has ordered additional development due to the failure of a previous VA medical opinion to address whether asbestosis, listed on the Veteran's death certificate, is related to his service. The Appellant contends that asbestos exposure during military service contributed to the Veteran's lung cancer and other respiratory conditions.

The Veteran's death was caused by lung cancer, which is not service-connected. The Board found no evidence linking the Veteran's lung cancer to his active duty service.

The Veteran's death is not shown to be proximately caused by carelessness, negligence, lack of proper skill, error in judgment or similar instance of fault on the part of VA in furnishing hospital care, medical or surgical treatment, or examination. The Board finds that the most probative evidence does not show that it is at least as likely as not that the Veteran's death is due to such a cause.

The Veteran's death was due to metastatic lung cancer, which is presumptively related to his service-connected coronary artery disease. The Board found that the Veteran had a history of exposure to Agent Orange during his time in Thailand and granted service connection for the cause of death.

The Board has determined that the Veteran's lung cancer is not service-connected as it did not manifest during or within one year of his separation from active duty, and there is no competent evidence to support a finding of exposure to ionizing radiation in service. As such, the claim for service connection for lung cancer is denied.

The Board is remanding the case for additional development, including obtaining an opinion on whether the Veteran's esophageal cancer was due to his exposure to Agent Orange during service. The outcome of the burial benefits claim will also be reconsidered.