Lung cancer decisions — 2019

The Veteran's claims for bladder cancer, lung cancer, skin cancer, prostate cancer, left leg aneurysm, and sleep apnea have all been denied as they are not service-connected.

The Board has dismissed the DIC claim under 38 U.S.C. § 1318 due to lack of a timely Substantive Appeal. The DIC claim on service connection for the cause of death is remanded as it is inextricably intertwined with the pending claims for ischemic heart disease and lung cancer.

The Veteran's death was related to his military service, specifically exposure to Agent Orange during his time in the Vietnam War. The claims for small cell lung cancer, diabetes mellitus, peripheral neuropathy, COPD, phlebitis right leg, hypertension, and sleep apnea are being remanded due to further development needed regarding the Veteran's exposure to Agent Orange.

The Veteran's appeal for the reduction of his disability rating from 100% to 60% effective November 1, 2017 was dismissed because he did not allege specific error in the determination.

The Board denied service connection for the cause of death due to lung cancer, COPD and hypertension as there was no evidence linking these conditions to service.

The Board has determined that additional action is required in the appeal of several claims, including those for service connection and increased ratings. The appellant must be notified about her rights to pursue these service connection claims as either a substitute or an accrued benefit claimant. If she proceeds as a substitute claimant, she will need to provide information and authorization for any additional evidence needed.

The Board has remanded the case due to insufficient evidence regarding the Veteran's exposure to herbicides and service in Vietnam, as well as incomplete financial information for pension benefits. The issues of entitlement to cause of death and nonservice-connected death pension are being returned to the agency of original jurisdiction (AOJ) for further development.

The Board denied the Veteran's claim for service connection for cause of death due to metastatic lung cancer, finding that there was no evidence linking his fibrous pleurisy or exposure to ionizing radiation during service to his death from metastatic lung cancer.

The Board denied the Veteran's claim for service connection of cancers of the soft palate, lungs, and esophagus due to contaminated water exposure at Camp Lejeune. The evidence did not establish a link between these conditions and his military service.

The Veteran's lung cancer is presumed to be due to Agent Orange exposure, but the Board has been unable to determine if he served in Vietnam. The case is being remanded for further development.

The Veteran's death was not caused by any service-connected disability, and the VA did not cause or contribute to his death. The Board found no evidence of negligence on the part of VA in connection with the January 2012 biopsy.

The Board denied the appellant's claim for accrued compensation benefits in the amount of $714.18, finding it a duplicate payment due to the same basis for the award that resulted in an overpayment debt.

The Board has granted the reopening of the claim for service connection for the cause of the Veteran’s death and has determined that there is new and material evidence to support this claim. The Board also found that the Veteran's mesothelioma, which caused his death, was related to his exposure to asbestos in service.

The Veteran's cause of death, metastatic lung cancer to the brain, was not related to his service and therefore DIC benefits are denied.

The Board granted an effective date of October 8, 2008 for the grant of DIC benefits due to the Veteran's service-connected lung cancer caused by Agent Orange exposure.

The Veteran's claims for effective dates earlier than August 26, 2013 for service connection for bilateral hearing loss and tinnitus have been denied.,The Veteran's claim for reopening of his diabetes mellitus, type II, has been granted. The Board is remanding the issue to determine if he was exposed to herbicide agents during service.,The Veteran's claims for prostate cancer and lung cancer are being remanded due to potential exposure to herbicide agents in Vietnam.,The Veteran's claim for hypertension is also being remanded, as it may be related to his active duty service.

The Board has remanded the claims for lung cancer, prostate cancer, and type II diabetes mellitus due to herbicide exposure. The U.S.S. Franklin D. Roosevelt was within the 12 nautical mile territorial sea of Vietnam while the Veteran served on the ship from August 1966 to December 1966.

The Veteran's lung cancer, which was related to service, caused his death. The claim for DIC based on cause of death is granted. The claim for DIC under 38 U.S.C. § 1318 is dismissed as the greater benefit has been awarded through DIC. The claim for death pension is dismissed due to lack of income information.

The Veteran's claim for service connection for renal cell carcinoma of the kidney, status post left nephrectomy, was reopened due to new and material evidence. The Board found that his cancer is related to herbicide exposure in Vietnam, granting the claim.

The Board has determined that the VA examinations and opinions are not adequate for decision making purposes due to lack of consideration of Agent Orange exposure, combined effect of service-connected lung cancer and PTSD, and incorrect characterization of the Veteran's lung condition. The case is remanded for further development.