Lung cancer decisions — 2019

The Board has determined that the Veteran's lung cancer is as likely as not related to his exposure to contaminated water at Camp Lejeune, and thus service connection for lung cancer is granted.

The Board denied the appellant's claim for an earlier effective date for DEA benefits and the cause of the Veteran’s death, stating that the award was based on the Veteran's death from a service-connected disability and cannot predate the date of his death.

Service connection for gastrointestinal disability is granted.,Service connection for PTSD, lung cancer, left leg condition, right leg condition, and right arm condition are denied.

The Board has remanded the claims of service connection for lung cancer and cause of death due to lung cancer as they are inextricably intertwined, and a medical opinion is needed regarding the etiology of the Veteran's lung cancer.

The Veteran's service-connected disabilities, including metastatic bilateral lung cancer and brain tumor with focal motor and focal sensory seizure disorder, have rendered him unable to work. Effective June 5, 2015, his service-connected status-post radical prostatectomy is rated at 100 percent due to renal dysfunction.

The Board has remanded the case due to uncertainty about whether the Veteran served in the 12 nautical mile territorial sea of the Republic of Vietnam, which could affect his eligibility for presumptive service connection for lung cancer.

The Board is remanding the TDIU claim due to pending reductions and discontinuance of benefits for lung cancer and SMC. The Veteran's CAD-related hospitalization records are requested.

The Veteran's lung cancer, PTSD, and residual scars are service-connected. However, the Board finds that he does not meet the criteria for a special home adaptation grant due to lack of an inhalation injury.

The Board denied service connection for lung cancer and kidney failure, as the Veteran did not have a current diagnosis of these conditions at any point during the pendency of his claim. The Board also denied entitlement to increased SMC rates under 38 U.S.C. § 1114(r)(1) and/or 38 U.S.C. § 1114(r)(2), as he was not in need of regular aid and attendance or a higher level of care.

The Board has remanded the cases due to insufficient opinions regarding the etiology of the Veteran's lung, spine and femur cancers. The cases are also remanded for consideration of TDIU as they are inextricably intertwined with the service connection issues.

The Board has determined that the propriety of reducing the disability rating for service-connected lung cancer from 100% to 30% is in dispute and requires further review. The issues of entitlement to an increased disability rating for the service-connected lung cancer and to a TDIU are also before the Board.

The Board has remanded the claims for service connection for metastatic lung cancer and the cause of the Veteran's death due to inextricably intertwined issues. The appellant must be notified about her rights as a substitute or accrued benefits claimant, and the AOJ should make a substitution determination.

The Veteran died of heart attack and lung cancer. The Board found no service connection for these conditions, as they were considered only for pension purposes. Therefore, the appeal is denied.

The Veteran's cause of death was due to multiple conditions, none of which were service-connected. The Board denied the claim for service connection and DIC benefits.

The Veteran's claim for a total disability rating based on individual unemployability due to service-connected disabilities is remanded as the current examinations do not reflect the effects of his service-connected conditions, particularly those related to lung cancer and shrapnel wounds. The VA must obtain updated medical opinions regarding these issues.

The Veteran's cause of death is granted as lung cancer, which is presumed to be related to service due to exposure in Hiroshima or Nagasaki.

The Board denied the appellant's claim for retroactive DIC benefits based on her husband's service, finding that she was not his surviving spouse after December 1988 due to her remarriage. The appeal is dismissed as a matter of law.

The Veteran's cause of death is being remanded due to insufficient evidence regarding the relationship between his service-connected conditions and his death.

The Veteran's cause of death was not service-connected.,The Veteran did not meet the criteria for DIC under 38 U.S.C. § 1318.

The Board has remanded the claims of service connection for bilateral eye disorder and lung cancer due to incomplete STRs and the need for an etiological opinion.