Lung cancer decisions — 2018

The Veteran's death was caused by metastatic small cell lung cancer, which the private examiner concluded was at least as likely as not due to his asbestos exposure during active duty service. Therefore, service connection for cause of death is granted.

The Board has remanded the Veteran's claims for service connection for lung cancer and a rating in excess of 20 percent for type II diabetes mellitus due to lack of an effective date determination, need for VA examination, and need for additional treatment records.

The Veteran's death was caused by lung cancer, which the Board found not related to service or exposure to contaminants at Camp Lejeune. The claim for service connection for cause of death is denied.

The Veteran's petition to reopen the claim for service connection for skin cancer was granted. Service connection for ischemic heart disease (IHD) is also granted.,Service connection for lung cancer is denied, as there is no current diagnosis of lung cancer in the record.

The Veteran's claim for service connection for hepatitis C has been reopened. The claims for hypertension and COPD have not been reopened due to lack of new and material evidence. Service connection for lung cancer is denied as the condition did not manifest within one year post-service. Effective dates are granted for major depressive disorder, tinnitus, and bilateral hearing loss.

The Veteran's claim for an increased rating for coronary artery disease was denied. The cause of death, lung cancer due to smoking, is not service-connected.

The Board denied the claim for service connection for the cause of the Veteran's death, finding that lung cancer did not manifest during or within one year after service and is not shown to be causally related to service. The Board also found that the Veteran’s exposure to chemicals and environmental hazards did not contribute substantially or materially to his death.

The Board granted service connection for the cause of the Veteran's death due to lung cancer, attributing it to exposure to contaminated water at Camp Lejeune during his military service. The decision is based on the benefit of doubt and consideration of conflicting medical opinions.

The Veteran's death was not due to a service-connected disability, and his income did not exceed the maximum annual pension rate for a veteran requiring aid and attendance with one dependent.

The Veteran's cause of death, which was listed as colon cancer, lung cancer and respiratory disease, is considered to be related to his active duty service. The Board found that the evidence is at least in equipoise regarding the connection between the Veteran's exposure to herbicide agents during service and his development of metastatic carcinoma, leading to a grant of service connection for cause of death.

The Veteran's death was caused by bladder cancer, which is presumed to be connected to his service at Camp Lejeune. Lung cancer, the cause of death, developed from the Veteran's pre-existing bladder cancer.

The Board has granted the appellant's petition to reopen her previously denied claim for service connection for the Veteran’s cause of death, finding that there is at least equipoise evidence suggesting that in-service asbestos exposure caused or contributed substantially to his lung cancer and subsequent death. The Board also found that the appellant has established a causal link between the Veteran's service and his death.

The Veteran's service-connected obstructive sleep apnea is currently rated at 50 percent, and the Board has determined that a higher rating is not warranted due to lack of evidence of chronic respiratory failure or cor pulmonale.

The Board found that the Veteran's cause of death, metastatic lung cancer, was presumptively related to his service in Vietnam due to herbicide exposure. As a result, the criteria for service connection for the cause of the Veteran’s death are met.

The Veteran's death from lung cancer is considered due to herbicide exposure during his service, and the claim for cause of death is granted.

The Veteran's cause of death was not service-connected due to exposure to herbicides, benzene, or ground containments. DIC benefits were also denied as the Veteran did not meet the 100% disability rating requirement prior to his death.

The Board has decided to remand the Veteran's claims for lung cancer with lobectomy, lung disease, sleep apnea, and skin cancer (claimed as basal cell carcinoma, melanoma and squamous cell carcinoma) due to missing military personnel records and unverified exposure to asbestos.

The Veteran's claims for hearing loss and squamous cell/non-small cell lung cancer have been dismissed due to the death of the appellant.

The Veteran's claim for an increased disability rating for his service-connected residuals of lung cancer, status post left upper lobectomy is being remanded due to the need for a new examination and additional VA treatment records.

The Veteran did not have a pending claim for service connection for lung cancer at the time of his death, and no other claims are shown by the record. Therefore, the appeal for accrued benefits is denied.