Lung cancer decisions — 2019

The Veteran's prostate cancer, lung cancer, and erectile dysfunction are all granted service connection based on in-service herbicide agent exposure.

The Veteran's lung cancer, residuals of right lung lobectomy, and scars are all granted service connection as they are related to his active duty. The adjustment disorder claim is denied.

The Board has granted service connection for lung cancer for accrued benefits purposes and the cause of the Veteran’s death. Lung cancer is related to active service, and the cause of death was also due to lung cancer.

The Board denied retroactive VA compensation benefits for lung cancer and/or IHD under Nehmer v. United States Department of Veterans' Affairs, as well as an earlier effective date for DIC benefits due to lack of prior claims or denials.

The Veteran's cause of death is remanded due to conflicting opinions on the relationship between his metastatic kidney cancer and service, including Agent Orange exposure. The issue of whether a primary lung cancer at the time of death was a significant contributing factor to his death remains unresolved.

The Board denied compensation under 38 U.S.C. § 1151 for VA's failure to diagnose the Veteran with metastatic lung cancer, finding that the evidence did not show that VA failed to diagnose or treat the Veteran’s lung cancer.

The Board has determined that the cause of the Veteran's death, which included COPD and lung cancer, was related to his in-service asbestos exposure. The decision grants DIC benefits for the cause of the Veteran's death.

The Veteran's lung cancer was not service connected due to lack of radiation exposure during service. The claim for TDIU was also denied as the Veteran did not have a service-connected disability at any point.

The Board denied service connection for the cause of the Veteran's death due to a lack of evidence showing that his lung cancer contributed substantially or materially to his death, combined to cause it, or aided in its production.

The Board has decided to remand the case due to insufficient evidence regarding the cause of the Veteran's death, specifically whether it was caused by service exposure to asbestos.

The Board has denied service connection for lung cancer, brain cancer, liver cancer, sinus cancer, pelvis cancer, and kidney cancer as the Veteran did not have a primary cancer of these organs. The claim for kidney cancer is remanded due to insufficient medical opinions.

The Board is remanding the case due to insufficient evidence regarding the Veteran's in-service exposure to herbicide agents and a lack of private medical records from Dr. Campbell.

The Veteran's service connection for the residuals of lung cancer is granted due to exposure to herbicide agents during his military service in Thailand.

The Veteran's service-connected status post left upper lobectomy for lung cancer is currently rated at 10 percent, which reflects moderate impairment to Muscle Group XXI. The Board denied an increased rating as the evidence does not support a higher evaluation.

The Board has denied the Veteran's claim of service connection for lung cancer, finding that there is no evidence to support a link between his current condition and his military service or exposure to chemicals and fuel fumes. The primary cause of the lung cancer is attributed to the Veteran's long history of smoking.

The Veteran's cause of death, lung cancer, is granted as service connection can be established due to herbicide exposure during his service in Thailand.

The Board has remanded several claims for further development, including service connection for various conditions and the relationship to service. The Veteran's death during appeal means his spouse is now the appellant.

The Board has remanded the cases for further development and clarification of the Veteran's lung cancer status, as well as for a VA medical opinion regarding his COPD. The TDIU claim is also being remanded.

The Board is remanding the case to attempt to obtain VA medical records from the VAMC in Durham, where the appellant believes the relevant records are archived. The Veteran's lung cancer may have predated his esophageal cancer diagnosis.

The Veteran's petition to reopen claims for PTSD and a right knee condition were granted. The claim for lung cancer was denied due to lack of evidence linking the condition to service, including exposure to herbicide agents.