Lung cancer decisions — 2019

The Veteran's claim for service connection for erectile dysfunction, which was related to medication prescribed by VA, is denied as the evidence does not support a finding that it was incurred in or aggravated by his military service.,The Board has also remanded the claims of service connection for small cell lung cancer and the cause of death due to hypoxia and acute respiratory failure. The Veteran's lung cancer may be related to toxin exposure while stationed at Fort McClellan, but a medical opinion is needed to determine this with certainty.,The claim for Dependency and Indemnity Compensation under 38 U.S.C. § 1318 remains denied as the Veteran did not meet the duration requirements for total disability ratings.

The Board has granted an initial rating of 30 percent for the Veteran's residuals of lung cancer, status post left upper lobectomy. The rating is effective from November 15, 2010.

The Board has granted service connection for esophageal cancer, lung cancer, neuropathy of the left foot, and neuropathy of the right foot on an accrued basis as secondary to diabetes.

The Board has granted service connection for kidney cancer, lung cancer, and heart disability. However, the claim of peripheral neuropathy of the bilateral lower extremities is remanded as no VA examiner has provided an opinion on this issue yet. The issues of SMC based on need for aid and attendance and at housebound rate are also remanded due to their inextricable link with the peripheral neuropathy claim.

The Board has decided that the Veteran's lung cancer is not service-connected due to lack of evidence linking it to his military service. The hearing loss cases are remanded for further action.

The Board denied the claim of service connection for the cause of death, finding that there was no evidence to support exposure to herbicide agents in Thailand and thus denying any potential service connection.

The Board has decided to remand the claims for lung cancer and depression due to exposure at Camp Lejeune, as well as service connection issues related to these conditions. The decision also requires a clarification of representation status and an addendum opinion from a VA examiner regarding the nature and cause of the Veteran's lung cancer.

The Veteran's petition to reopen claims for service connection for brain cancer and lung cancer was granted. The claims for service connection for a headache disability, bladder cancer, hypertension, and bilateral hearing loss were denied.

The Board is remanding the case due to new evidence and a need for an additional VA medical opinion regarding the Veteran's cause of death, specifically related to in-service exposure to ionizing radiation.

The Board has remanded the claims of service connection for various upper and lower extremity neuropathies, a breathing disorder other than lung cancer, and chest pains. The reasons include missing records related to the Veteran's service-connected lung cancer and the need to consider whether these conditions are related to his service-connected lung cancer.

The Veteran's death was caused by metastatic nonsmall cell lung cancer, which is not service-connected. The Board found no evidence of exposure to herbicides during service and thus could not grant service connection based on the presumption for Agent Orange exposure.

The Veteran's claim for service connection for lung cancer was denied, and his increased rating for left knee condition was granted to a maximum of 60 percent.

The Board denied DIC benefits based on the Veteran's death due to stroke, finding that no service-connected disability was the principal or contributory cause of his death. The VA examiner concluded that none of the Veteran's service-connected conditions contributed substantially or materially to his death.

The Veteran's lung cancer, prostate cancer, and diabetes mellitus are found to be at least as likely as not related to exposure to herbicide agents during service in Thailand. The peripheral neuropathy of the bilateral lower extremities is also found to be related to his service-connected diabetes mellitus.

The Veteran's lung cancer was presumed to be caused by herbicide agent exposure, but the Board found that it was actually a metastasis from his non-service-connected colon cancer. Therefore, service connection for lung cancer is denied.

The appeals for service connection of coronary artery disease, obstructive sleep apnea, and lung cancer have been dismissed due to the death of the appellant.

The Veteran's son is seeking accrued benefits up to the amount he paid for his father's burial expenses. The appeal will be remanded to adjudicate claims for service connection for lung cancer and entitlement to a higher level of SMC based on need for regular aid and attendance at a higher level of care.

The Board denied service connection for lung cancer, melanoma, and myelodysplasia. The Veteran's death was attributed to metastatic malignant melanoma.

The Board denied the Veteran's claims for compensation under 38 U.S.C. § 1151 for misdiagnosis of lung cancer and secondary service connection for a lung disability and an acquired psychiatric disorder, including depression. The Board found that VA did not fail to diagnose or treat the Veteran’s preexisting lung cancer, and there was no additional disability as a result of the August 2016 surgery.

The Board has remanded the claims for earlier effective dates for kidney cancer, lung cancer, scar as a residual of nephrectomy, SMC based on housebound criteria being met, and DEA eligibility due to incomplete development.