Lung cancer decisions — 2019

The Veteran's claim for service connection was reopened due to new and material evidence. Service connection is granted for PTSD, but denied for other conditions including brain tumor, lung cancer, prostate cancer, and hemithyroidectomy.

The Board has decided to remand the case due to outstanding VA treatment records and private medical records that need to be obtained, as well as a VA examination for the service-connected condition.

The Veteran's initial claim for service connection of his lung disability was granted, and he is now receiving a 100% rating effective June 1, 2010. Additionally, the Veteran has been awarded SMC effective August 4, 2013.

The Board has granted service connection for lung cancer residuals secondary to exposure at Camp Lejeune and an initial compensable rating of 10 percent for bladder cancer residuals. The decision is based on the equipoise between asbestos exposure, contaminated water exposure, and smoking as potential causes.

The Veteran's death was not due to his own willful misconduct, but the Board found that he did not meet the criteria for DIC benefits under 38 U.S.C. § 1318 because he had no service-connected disability rated as totally disabling at any point in time.

The Board has granted service connection for the cause of the Veteran's death, finding that his lung cancer and CAD are presumptively related to his exposure to herbicide agents during service in Thailand.

The Board denied service connection for the cause of death and lung cancer, finding no evidence linking these conditions to military service.

The Board has granted the petition to reopen the claim of entitlement to service connection for the cause of the Veteran’s death, finding that the evidence is in equipoise regarding whether the Veteran's coronary artery disease and lung cancer were related to herbicide exposure during his service in Thailand. Service connection is presumed due to the Veteran's exposure to herbicides.

The Board has remanded the claims for service connection due to incomplete VA treatment records and the need for additional medical opinions. The claims include an acquired psychiatric disorder, tinnitus, and lung cancer.

The Board has determined that the Veteran's lung cancer is at least as likely as not related to his presumed exposure to herbicide agents, and granted service connection for lung cancer.

The Board has decided to remand the case due to insufficient treatment records and inadequate medical opinions regarding the Veteran's lung cancer. The case will be returned for further development.

The Board has remanded the case due to inextricably intertwined issues, including service connection for the cause of the Veteran's death and claims pending at the time of his death. The appellant is now substituted as claimant for these claims.

The Board has determined that an expert opinion from a pulmonologist is needed to address the Veteran's claim for compensation under 38 U.S.C. § 1151 due to VA failing to properly diagnose and treat his non-small cell lung cancer, which resulted in additional disability.,The Board also finds it necessary to obtain an expert opinion regarding the Veteran’s cause of death and DIC claim.

The Board has remanded the case due to insufficient evidence regarding the Veteran's exposure to herbicide agents and his service in Vietnam, as well as the timing of any aircraft departures from the USS Bon Homme Richard.

The Veteran's lung cancer residuals, status post thoracotomy, are currently rated at 10 percent. The Board has determined that a higher rating is warranted and has ordered a remand to determine the full extent of his current disability.

The Veteran's claims for service connection for acute myelogenous leukemia, diabetes mellitus, type II, and lung cancer have been remanded due to the need for additional information regarding his service on vessels within the territorial sea of the Republic of Vietnam.,New evidence has reopened the claims for service connection for acute myelogenous leukemia and diabetes mellitus, type II. The Veteran's claim for service connection for lung cancer remains pending.

The Veteran's PTSD is rated at 70 percent effective June 6, 2017. The appeal for a higher rating prior to that date was denied. TDIU and housebound status are granted.

The Veteran's appeal for service connection for lung cancer was dismissed due to his death during the pendency of the appeal.

The Veteran's claims for service connection for bilateral hearing loss and a bilateral knee disability have been reopened, but the issues of lung cancer due to asbestos exposure are denied.,The Veteran's claim for non-service-connected pension benefits has been withdrawn.

The Board has remanded several claims, including service connection for ischemic heart disease, residuals of a stroke, lung cancer, and esophageal cancer. The DIC claim is also remanded due to the appellant's interest in her husband’s Vietnam exposure.