Lung cancer decisions — 2018

The Board denied service connection for lung cancer as a result of exposure to an herbicide agent, including Agent Orange, finding no evidence of herbicide exposure and noting the Veteran's non-small cell carcinoma was not related to his military service.

The Veteran's claim for an initial rating greater than 30 percent for residuals of lung cancer, including chronic obstructive pulmonary disease (COPD) is granted. The Veteran's claim for a compensable rating for residual scar from cyst removal on the left side of neck is denied. The effective date for service connection for residuals of lung cancer and chronic obstructive pulmonary disease (COPD) is set at April 12, 2011. The effective date for service connection for residual scar from cyst removal on the left side of neck is also set at April 12, 2011.

The Veteran's TDIU claim was granted prior to August 30, 2010, due to his service-connected disabilities. From that date onwards, the SMC award mooted any further TDIU claims.

The Board denied service connection for lung cancer, hypertension, DM, and heart disorder all related to exposure at Camp Lejeune. The VA examiners concluded that these conditions are more likely due to the Veteran's long history of smoking rather than exposure to contaminated water.

The Board has determined that the Veteran was exposed to herbicide agents in service and granted service connection for cancer of the larynx and lung cancer.

The Board has granted the claim for service connection for cause of death due to exposure to Agent Orange in Vietnam, finding that the Veteran's squamous cell carcinoma and metastatic lung cancer were related to his herbicide agent exposure.

The Veteran's death was caused by asbestosis, COPD, and lung cancer. The Board has granted service connection for the cause of his death based on direct evidence.

The Board has remanded the DIC and accrued benefits claims due to insufficient evidence regarding whether the Veteran's lung cancer and/or chronic kidney disease were caused by his exposure to contaminated water at Camp Lejeune. The appellant is seeking service connection for these conditions based on this exposure.

The Board has found that further development is needed to determine the Veteran's exposure to radiation and herbicide agents, which could impact his cause of death claim. The case is being remanded for this purpose.

The application to reopen the claim for service connection for the cause of the Veteran's death is denied, and the DIC benefits under 38 U.S.C. § 1318 are also denied.

The Board has determined that the Veteran's service-connected Generalized Anxiety Disorder contributed to his death from lung cancer, COPD, pneumonia, and coronary artery disease. The Board found the evidence at least in equipoise as to whether GAD caused or contributed substantially to the cause of death.

The Board has remanded the case due to incomplete development and will provide further information on service connection for various conditions.

The Board denied the Veteran's claim for service connection for cause of death due to herbicide exposure and/or asbestos exposure, finding that lung cancer did not have its onset during service or manifest within a year after separation. The Board also found no evidence linking the Veteran’s lung cancer to his service-connected hyperthyroidism.

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

The Board denied the claim for an earlier effective date for DIC benefits, finding that no formal application was received within one year of the Veteran's death and there were no other documents indicating a formal application.

The Board has granted service connection for lung cancer, finding that the Veteran's exposure to contaminated water at Camp Lejeune contributed to his development of lung cancer.

The Board is remanding the case to determine if the Veteran was exposed to herbicides while stationed at RTAFB in Korat, Thailand during his service.

The Veteran's respiratory disability, including COPD and non-small cell lung cancer, was denied service connection due to lack of evidence linking the conditions to his military service. The cause of death from lung cancer was also denied.

The Veteran's lung cancer is being remanded for further review due to the need for VA treatment records and an addendum medical opinion.

The Board has remanded the claims for service connection for lung cancer and pancreatic cancer due to potential conflicting medical opinions. The cause of death claim is also remanded.