Lung cancer decisions — 2018

The Veteran's cause of death, lung cancer, is presumed to be service-connected due to exposure to herbicide agents. The appeal is remanded for further verification of the Veteran's in-service exposure to these agents.

The Veteran's lung cancer status post right upper lobectomy was rated at 30 percent from December 30, 2013 to April 11, 2016. The rating is denied for periods prior and after this date.

The Veteran's left upper extremity neuropathy, lung cancer (if present), diabetes, and chronic kidney disease are all service-connected. The Veteran is granted a maximum schedular rating of 100 percent for diabetes and the grant of service connection for left upper extremity neuropathy. However, there is no separate rating for diabetic chronic kidney disease as it is considered a complication of diabetes. The psychiatric disability is rated at 70 percent but not in excess of that level.

The Board has remanded the case due to inadequate medical opinions regarding the cause of death and a need for further examination.

The Board has determined that the claim for service connection for cause of death is remanded due to inadequate development and evaluation of asbestos exposure during service.

The Veteran died from lung cancer, which was service-connected. The appellant's claim for DIC benefits based on the cause of death is denied as there is no earlier effective date than August 10, 2015.

The Board has determined that the Veteran's lung cancer is related to his exposure to contaminated water at Camp Lejeune, and thus service connection for this condition is granted.

The Board has determined that the Veteran's lung cancer is at least as likely as not caused by asbestos exposure during his active duty service, and thus grants service connection for lung cancer.

The Veteran's death from lung cancer was not caused by VA care, and the Board finds that there is no evidence to support a claim for DIC under 38 U.S.C. § 1151.

The Veteran's squamous cell lung cancer was rated at 10 percent from January 1, 2014. The Board found that the evidence is in equipoise on whether the criteria for a 60 percent rating under DC 6819-6844 are met and granted an initial 60 percent disability rating.

The Veteran's lung cancer was not caused by his service at Camp Lejeune, including exposure to contaminated water. The medical evidence does not support a connection between the Veteran's lung cancer and his military service.

The Board has granted service connection for a right ankle disorder incurred during active duty training (ACDUTRA). The dental disorder claim is denied, and the lung cancer claim is remanded due to insufficient evidence regarding asbestos exposure.

The Board denied service connection for various conditions, including skin rashes, congestive heart failure, hypertension, gout, arthritis, lung cancer, and prostate cancer, all presumed to be due to herbicide exposure. The decision was based on the lack of in-service diagnosis or treatment for these conditions.

The Veteran's lung cancer was not service-connected due to exposure to contaminated water at Camp Lejeune, and the cause of death (metastatic lung cancer) is not considered service-connected.

The Board denied service connection for left knee osteoarthritis, COPD, and small cell lung cancer as the evidence did not support a causal nexus between these conditions and active service.

The Veteran's lung cancer residuals were reduced from a 100% rating to a 60% rating, but the Board restored the 100% rating effective February 1, 2016.

The Board has determined that the Veteran's lung cancer, which caused his death, may be related to service exposure to asbestos. However, due to insufficient evidence regarding in-service asbestos exposure, the case is being remanded for further development and an opinion from a clinician.

The Veteran's lung cancer is being remanded for further evaluation due to the need for an addendum medical opinion considering his exposure to chemicals during service and recent articles submitted at a Board hearing.

The Veteran's appeal for service connection for lung cancer, which was linked to herbicide exposure, has been dismissed due to the Veteran's death.

The Board denied the Veteran's claims for service connection for a respiratory disorder (claimed as pulmonary emphysema) and lung cancer, status post partial lobectomy. The evidence did not establish a causal relationship between these conditions and service.