Lung cancer decisions — 2020

The Veteran is granted nonservice-connected pension benefits due to his terminal lung cancer and left foot ulcer, which prevent him from obtaining gainful employment.

The Board denied an earlier effective date for the grant of service connection for the cause of the Veteran’s death, finding that the claim was not filed within a year of the Veteran's death and that the Appellant did not file any valid claims before March 17, 2015. The effective date is set at March 17, 2015.

The Board has remanded the case due to a need for further investigation regarding the Veteran's exposure to Agent Orange in Korea and whether this exposure could have contributed to his lung cancer.

The Board has determined that additional evidence needs to be considered and the claims are being remanded for further action.

The Veteran's chemo-induced asthma and lung cancer were rated based on their severity, with the rating for chemo-induced asthma being increased to 100% from January 10, 2014 to January 31, 2018. The Veteran was also granted SMC at the housebound rate during this period.

The Board has decided to remand the case due to insufficient evidence regarding the Veteran's lung cancer and its relation to asbestos exposure or ionizing radiation during service. The claim will be referred for further consideration.

The Veteran's appeals for a compensable rating for COPD with emphysema and history of pulmonary tuberculosis, as well as service connection for lung cancer secondary to COPD, have been dismissed due to the Veteran's death.

The Board has remanded several claims due to the need for further development regarding the Veteran's exposure to herbicide agents during service. The claims of service connection for non-Hodgkin's lymphoma, lung cancer, and diabetes mellitus type II are all presumed to be linked to such exposure under VA law.

The Board has decided to remand the Veteran's claims for service connection for larynx cancer, pharyngeal cancer, metastatic lung lesion (claimed as lung cancer), and trachea cancer due to presumed exposure to herbicides. A VA medical opinion is needed to determine if these conditions are related to his active service.

The Board has remanded the case due to a need for further examination and evaluation of the Veteran's respiratory disability, specifically his service-connected residuals of lung cancer status post lobectomy with severe restrictive lung disease.

The Veteran's appeal has been withdrawn by his attorney, and the Board is dismissing the case as a result.

The Board has granted service connection for the Veteran's lung cancer or residuals thereof, finding that it is just as likely as not related to his exposure to contaminated water at Camp Lejeune. The decision resolves all reasonable doubt in favor of the Veteran.

The Board has decided the case is remanded due to insufficient reasoning in the original decision regarding the cause of death and the need for additional medical opinions on the etiology of the Veteran's cancers.

The Veteran's cause of death, lung cancer, is presumed to be related to his in-service exposure to herbicide agents. The Board granted service connection for the cause of the Veteran’s death and dismissed the DIC claim as moot due to the grant of service connection.

The Board has remanded the case due to insufficient evidence regarding the Veteran's lung disorder, diagnosed as COPD and non-small cell lung cancer. The VA must provide a medical examination or obtain a medical opinion to address the conflicting opinions from private physicians and assess whether the Veteran's current lung condition is related to service, including exposure to asbestos and Agent Orange.

The Veteran's lung cancer is presumed to be due to herbicide exposure during service, and the Board has granted service connection for this condition.

The Board has remanded the case due to insufficient evidence to determine if the Veteran was exposed to Agent Orange while serving aboard the USS Passumpsic in Vietnam. The VA needs to confirm whether the ship's service placed the Veteran within the 12 nautical mile territorial sea of Vietnam.

The Veteran's claim for SMC based on the need for aid and attendance due to PTSD is denied. The Board also remanded the issue of service connection for lung cancer, as it requires further development regarding exposure to Agent Orange during service.

The Veteran's cause of death, stave IV lung cancer, is granted service connection as a presumptive disability secondary to herbicide exposure.,Stage IV lung cancer is also granted service connection for purposes of DIC benefits. Accrued benefits are granted for the same condition.

The Board has denied service connection for lung cancer and remanded the issue of service connection for diabetes. The Veteran's lung cancer is not related to his military service, including exposure at Camp Lejeune. Service connection for diabetes cannot be established due to insufficient evidence regarding in-service herbicide exposure.