Lung cancer decisions — 2019

The Veteran's death is not due to or a consequence of service or a service-connected disability. Service connection for the cause of the Veteran's death is denied.

The Board has decided to remand the Veteran's claims for heart disease, lung cancer residuals, Horner’s syndrome, thoracic nerve disability, and loss of ribs secondary to lung cancer residuals due to exposure to burn pits during service. The case is being sent back for additional medical opinions regarding the etiology of these conditions.

Service connection for pulmonary adenocarcinoma/lung cancer was granted with an effective date of July 25, 2017.,Additional compensation for the Veteran's spouse was denied as it was not received within one year of their marriage.

The Board has remanded the claims of service connection for lung cancer and brain cancer, as well as TDIU. The lung cancer claim is being remanded due to the need for a dose estimate from the Department of Defense regarding ionizing radiation exposure. The brain cancer and TDIU claims are also being remanded in conjunction with the lung cancer claim.

The Veteran's small cell lung cancer is presumed to be related to his service in Thailand, where he was exposed to herbicide agents. The Board has granted service connection for cause of death due to this condition.

The Board denied service connection for all of the Veteran's claimed conditions, including Hepatitis C, angina, bone cancer, an acquired psychiatric disorder (likely depression or anxiety), erectile dysfunction, GERD, herpes, hypertension, jaw disability, left arm disability, left knee disability, left leg disability, left shoulder disability, lung cancer, prostate cancer, sinusitis, and sore throat. The Board found that there was no evidence of in-service incurrence or continuity of symptomatology for any of these conditions.

The Veteran's claim for a compensable evaluation for his service-connected lung cancer prior to February 3, 2015 was denied. The issue of entitlement to a total disability rating based on individual unemployability (TDIU) prior to February 3, 2015 was also denied. The appeal regarding an earlier effective date for the service-connected lung cancer disability is moot.

The Veteran's appeal for a disability rating in excess of 30 percent for residuals of lung cancer has been dismissed due to his withdrawal of the appeal. The issue of entitlement to TDIU prior to February 25, 2010 is also dismissed as it is ancillary to the main claim.

The Board has remanded the case due to insufficient medical opinion regarding whether the Veteran's metastatic lung cancer could have started during service. The examiner is requested to provide an adequate opinion on this matter.

The Veteran's service connection claims for coronary artery disease, lung cancer, and kidney disability are granted due to presumed exposure to Agent Orange. The claim for an acquired psychiatric disorder (PTSD) is remanded.

The Board has decided to remand this case due to the need for additional records and a medical opinion regarding the cause of death.

The Board denied a 10 percent evaluation for multiple noncompensable service-connected disabilities prior to June 25, 2014, finding no evidence of such character as to clearly interfere with normal employability.

The Veteran's service-connected prostate and lung cancers have rendered him unable to secure and follow a substantially gainful occupation, warranting a TDIU on an extraschedular basis.

The Veteran's lung cancer was granted service connection as it is presumed to have been caused by his exposure to herbicide agents during service. Service connection for left and right knee disorders were denied due to lack of in-service event, injury or disease. An initial compensable rating for bilateral hearing loss was not granted.

The Board has remanded the case due to insufficient development and failure to comply with previous directives. The Veteran is asked to provide authorization for Vet Center treatment records from November 2018 to the present.

The Board denied service connection for residuals of lung cancer as there was no evidence of radiation exposure and the Veteran's claim is not supported by competent medical evidence.

The Veteran's COPD and PTSD ratings have been restored, and he is now eligible for special monthly compensation. The scar from his lung cancer treatment remains noncompensable.

The Veteran's lung and brain cancer claims are remanded due to conflicting evidence regarding asbestos exposure in service.

The Veteran's lung cancer is due to his service-connected breast cancer, which was caused by exposure at Camp Lejeune. The Board has granted service connection for the lung cancer as secondary to the service-connected breast cancer.

The Veteran's lung cancer is presumed to be due to exposure to herbicide agents in Vietnam, and service connection for this condition is granted. The kidney stones case is remanded as the VA examiner did not address whether they are related to herbicide agent exposure.