Lung cancer decisions — 2019

The Board denied the Veteran's claim for service connection for lung cancer, gastroesophageal reflux disease (GERD), colon polyp, and congestive heart failure as these conditions were not shown to be related to his military service.

The Board has denied the Veteran's claim for service connection for the cause of his death due to lung cancer, finding that there is no evidence linking it to his military service. The appeal was withdrawn by the appellant regarding entitlement to death pension and accrued benefits.

The Veteran's cause of death is granted as lung cancer, presumed to be due to in-service herbicide exposure.

The Veteran's prostate cancer is granted due to presumed exposure to herbicide agents during his service as a security policeman at Kadena Air Base in Okinawa, Japan.,His nasopharyngeal cancer and lung cancer are remanded for further examination and opinion regarding their relationship to military service or other conditions. His heart disease is also remanded for an examination to determine its nature and etiology.

The Board denied service connection for esophageal cancer and lung cancer, finding that the evidence did not support a link to service or service-connected conditions.

The Veteran's claims for an earlier effective date for prostate cancer service connection and SMC based on the need for aid and attendance are being remanded due to a lack of contemporaneous medical examination.

The Board has remanded the claims for service connection due to exposure to ionizing radiation, as there is conflicting evidence regarding whether the Veteran's death was caused by such exposure. The appellant must clarify her preference between proceeding as an accrued benefits claimant or a substituted claimant.

The Veteran passed away due to lung cancer in January 1996. The appellant filed a claim for DIC benefits in March 2013, which was granted based on the presumptive provisions for veterans exposed to Agent Orange. The Board found no legal basis to assign an earlier effective date.

The Veteran's death was not caused by a service-connected disability, and there is no evidence of VA negligence in his care. The cause of death was lung cancer, which developed after the Veteran left active duty.

The Veteran's lung cancer has been granted service connection, but the appellant is seeking an earlier effective date and also wants to challenge a previous denial of service connection for a lung disability in February 1981. The Board remanded both issues.

The Board dismissed the appeals for service connection of ischemic heart disease, depression, and lung cancer due to the Veteran's death.

The Board denied the Veteran's claims for service connection for lung cancer, liver cancer, and kidney cancer. The cancers were found to be metastatic sites of his primary kidney cancer.

The Veteran's lung cancer is being remanded for further review due to the need for a medical opinion regarding exposure at Camp Lejeune.

The Veteran's lung cancer residuals are currently rated at 30 percent disabling, and the Board finds that a higher rating is not warranted as his FEV-1 levels do not meet the criteria for a 60 percent disability rating.

The Board has dismissed the Veteran's claims for service connection for lung cancer, myelodysplastic/myeloproliferative neoplasm (claimed as blood cancer), kidney issue, and strokes due to his death during the appeal process.

The Board has reopened the claim for service connection for the cause of the Veteran's death due to new and material evidence. The case is remanded for further development regarding exposure to radiation during service.

The Board denied the Veteran's claim for service connection for the cause of death and DIC under 38 U.S.C. § 1318 due to lack of evidence showing exposure to herbicide agents during service, no in-service or continuous post-service symptoms related to lung cancer or chronic kidney disease, and that the Veteran was not rated as totally disabled at any time.

The Veteran's lung cancer is in remission and there is no evidence of any residual conditions or recurrence which would warrant a compensable evaluation. The Board denied the claim for an initial compensable rating for lung cancer.

The Veteran's lung disability, including residuals of lung cancer, is remanded for further development due to the need for a VA examination to determine if it is related to his military service.

The Veteran's appeals for earlier effective dates and service connection have been dismissed due to his death.