Lung cancer decisions — 2020

The Board denied retroactive benefits under Nehmer and the revision of the January 2008 rating decision on CUE, as the requirements for both were not met. The effective date for service connection for cause of death was denied.

The Veteran's death was granted service connection due to metastatic lung cancer, presumed to be caused by herbicide agent exposure at the Korean DMZ during his military service.

The Veteran's death was caused by non-small cell lung cancer, which is presumed to be due to herbicide exposure in the territorial sea of Vietnam. As a result, service connection for his cause of death has been granted.

The Board has remanded the case due to insufficient evidence regarding the cause of death and potential exposure to Agent Orange. The VA will gather additional medical records and verify the Veteran's service aboard USS Biddle.

The Board has granted SMC based on the need for aid and attendance due to service-connected disabilities. The case is remanded for a determination of an earlier effective date for the grant of service connection for squamous cell lung cancer with asbestosis.

The Board denied service connection for lung cancer, squamous cell cancer of the lymph nodes of the neck, and prostate cancer. The decision also denied DIC benefits due to lack of evidence supporting exposure to herbicides or other environmental toxins that could have caused these conditions.

The Veteran's lung cancer, which he died of, was granted service connection posthumously. The appellant received $31,893 in accrued benefits and a burial benefit of $2,000. Additional benefits are not available.

The Board has remanded the case due to uncertainty regarding whether the Veteran's cause of death was liver cancer or lung cancer, and if it was related to his service at Camp Lejeune.

The Veteran's lung cancer is granted service connection as due to exposure to herbicides, and his cause of death (lung cancer) is also granted.

The Board has remanded the case due to insufficient development regarding the Veteran's exposure to asbestos during service and its potential connection to his cause of death. The VA needs to determine the extent of such exposure and provide an opinion on whether it is at least as likely as not that the Veteran’s exposure to asbestos resulted in a disability that caused or contributed to his death.

The Board has remanded the claims for prostate cancer and lung cancer due to herbicide exposure, as it requires further development related to ship histories of USS Hancock, USS Ranger, or USS Bon Homme Richard.

The Board has granted service connection for asbestosis and lung cancer, finding that the Veteran's conditions are related to his in-service exposure to asbestos.

The Board has granted service connection for the cause of the Veteran's death due to asbestos exposure during active duty, finding that it contributed substantially or materially to the Veteran's death. The DIC claim under 38 U.S.C. § 1318 is dismissed as the alternative benefit sought has already been awarded.

The Board denied service connection for lung cancer, ischemic heart disease, diabetes mellitus type II, and liver cancer due to a lack of evidence linking these conditions to the Veteran's active military service.

The Board denied service connection for the cause of the Veteran’s death, finding that none of his service-connected conditions caused or contributed to his death. The lung cancer and glioblastoma were not related to service, and smoking was not considered a service-connected condition.

The Veteran's death was not caused by a service-connected disability, and the preponderance of evidence does not support a finding that any other significant condition at the time of death (other than kidney stones) was related to service.

The Board has remanded the case due to uncertainty regarding the Veteran's exposure to herbicides while serving off the coast of Vietnam. The case will be reviewed again after confirming the Veteran’s service records and verifying his exposure.

The Board has remanded the case due to unclear service records and conflicting medical evidence regarding the Veteran's cause of death. The remand includes obtaining official military records, confirming the Veteran's service on U.S.S. Princeton within 12 nautical miles of Vietnam, and obtaining missing medical records.

The Veteran's cause of death, lung cancer, is presumed to be related to his in-service herbicide exposure during Vietnam service. The Board granted DIC based on this presumption.

The Board has decided to remand the case due to insufficient medical records, which may affect whether the Veteran's lung cancer was related to service-connected disability and if it contributed to his death.