Lung cancer decisions — 2019

The Veteran died from end stage widely metastatic lung cancer, which was not service-connected. The Board denied the claim for service connection for the cause of death and denied DIC benefits.

The Board has remanded the case due to insufficient evidence regarding whether the Veteran's lung cancer was caused by exposure to harmful chemicals during service, and if his service-connected disabilities contributed to his death.

The Board denied the claim for clear and unmistakable error (CUE) in the December 2013 rating decision assigning a 100 percent rating for service-connected lung cancer effective August 7, 2013. The correct facts as they were known at that time were not disputed, and the RO applied the correct regulations.

The Veteran's bladder cancer is granted service connection due to presumed exposure at Camp LeJeune. The lung, prostate, and skin (melanoma) cancers are remanded for further evaluation.

The Board has remanded the issue of service connection for the cause of death due to insufficient information regarding exposure to herbicides or radiation. The appellant's claim for accrued benefits and non-service-connected death pension benefits is denied.

The Board denied the claim for service connection for the cause of the Veteran's death, finding that there was no evidence linking PTSD with major depression and alcohol abuse to the Veteran's cause of death. The primary cause of death was stage four lung cancer resulting in cardiac tamponade.

The Veteran's lung cancer claim is reopened due to new evidence submitted. The issue of service connection for lung cancer, including as secondary to exposure at Camp Lejeune, is remanded for further review.

The Board has remanded several issues related to the Veteran's claims, including service connection for bilateral hearing loss and tinnitus due to a threshold shift in audiometric testing. The lung cancer claim is also remanded as it may be related to radiation exposure during service. Service connection for hypoxemia is also remanded as it is secondary to lung cancer. The cause of death claim has not been referred to the Under Secretary for Benefits.

The Veteran's claim for service connection for residuals of lung cancer, including as due to asbestos exposure, is granted. The claim for service connection for anxiety, secondary to lung cancer, is denied.

The Board has dismissed the Veteran's appeals for service connection for back condition and lung cancer. The claim of reopening service connection for paranoid schizophrenia with psychosis and depression is allowed.

The appellant is not the child of the Veteran and did not submit evidence showing she bore the expense of her father's last sickness or burial. Therefore, she cannot be recognized as a claimant in this matter.

The Veteran's cause of death, lung cancer, was not service-connected. The Board found no evidence linking the lung cancer to his time at Camp Lejeune or any other in-service event.

The Board has remanded the case due to the need for additional VA medical opinions and the retrieval of laboratory results. The focus is on determining if the Veteran's death was caused by VA care, treatment or examination.

The Veteran's claims for service connection for bilateral thyroid tumor with removal residuals and lower left lung cancer are remanded due to the need for additional development regarding radiation exposure.

The Board has decided to remand the case due to a lack of medical opinion regarding whether the Veteran's lung cancer, which caused his death in May 2012, was related to service and any asbestos exposure.

The Board has remanded the case due to an incomplete medical record and a need for additional medical opinion regarding the relationship between the Veteran's small cell lung cancer and exposure to contaminants at Camp Lejeune.

The Veteran's lung disorder and PTSD claims are denied as there is no evidence of a service connection relationship to the claimed exposures or events. The acquired psychiatric disorder claim is also denied.

The Board has reopened the claims for service connection for heart condition, diabetes mellitus, lung cancer, Parkinson's disease (essential tremors), and skin cancer. The evidence is insufficient to establish exposure to Agent Orange or asbestos during active service, thus preventing service connection for these conditions.

The Board has remanded the claims for service connection for bilateral hearing loss, lung cancer, anxiety, high blood pressure, skin cancer, and throat cancer due to new evidence submitted by the Veteran. The decision on whether new and material evidence was received in order to reopen a claim of entitlement to service connection for depression is also remanded.

The Veteran's appeal has been dismissed as the appellant and her representative have withdrawn their appeals for certain conditions.