Lung cancer decisions — 2020

The Board has remanded the case for a new opinion on the etiology of the Veteran's salivary gland cancer due to his exposure to herbicide agents. The appellant is not satisfied with the current rating assigned and requests further development.

The Board has decided to remand the claims for service connection for COPD and lung cancer due to insufficient medical opinions regarding their etiology. The Veteran's death prevented a thorough review of his respiratory conditions.

The Board has remanded the claims for diabetes, lung cancer, and vision loss due to potential exposure to herbicide agents in Thailand or Vietnam. The development is needed to verify the Veteran's claimed exposure.

The Board has determined that the Veteran's VA Form 9, filed on January 15, 2020, was timely and grants the appeal for service connection of lung cancer.

The Board has determined that further development is needed to determine the Veteran's service in Thailand and Vietnam, as well as his exposure to JP-4/ asbestos. The cause of death (lung cancer) will also be evaluated for its relation to service.

The case is being remanded to address whether there was clear and unmistakable error in a 1981 rating decision denying service connection for lung cancer.

The Veteran's claims of entitlement to service connection for brain cancer and lung cancer are remanded due to a duty to assist error. The Veteran should be provided with medical opinions regarding his current or previous diagnoses of lung and/or brain cancer, including any potential link to active duty service.

The Board has denied the Veteran's claim for service connection for right lung cancer and its associated removal due to asbestos exposure, finding no evidence of a chronic condition during service or within one year post-service.

The Board denied service connection for cause of death due to the Veteran's service-connected amputated right middle finger, as well as other conditions that did not contribute substantially or materially to his death. The Board found no evidence linking any of these conditions to service.

The Veteran's death was caused by metastatic lung cancer, which is presumed to be related to his in-service exposure to herbicide agents. As a result, service connection for the cause of the Veteran’s death has been granted.

The Veteran's prostate cancer, type II diabetes mellitus, and lung cancer are granted as due to herbicide agent exposure during service in Thailand.

The Veteran's cause of death, acute respiratory failure and lung cancer, was not incurred in or aggravated by service. The Board found no evidence of asbestos exposure during service or a link between the Veteran's military service and his post-service health issues.

The Board has dismissed the appeals for service connection for prostate cancer, thyroid cancer, lung cancer, and erectile dysfunction due to exposure to contaminated water at Camp Lejeune as the appellant died during the appeal process.

The Board has remanded several issues related to the Veteran's service connection claims, including an earlier effective date for scars status post surgery for lung cancer and reopening of prostate disorder and bladder disorder claims. The remaining appeals are also being remanded.

The Board denied the Veteran's claim for a higher rating for his residuals of lung cancer, s/p lobectomy, finding that the reduction from 100% to 30% was proper and that a higher rating is not warranted.

The appeals for PTSD and lung cancer were dismissed due to the appellant's death.

The Board has remanded the case due to insufficient medical opinions regarding the etiology of the Veteran's death and its contributory causes. The appellant must provide additional evidence from a VA examiner.

The Board denied service connection for lung cancer, pulmonary nodule, and post-operative residuals of a gall bladder disability due to exposure to contaminated water at Camp Lejeune and/or Camp Pendleton. The claim for chronic obstructive pulmonary disease (COPD) was remanded.,Service connection for bone loss of the jaw was also denied.

The Board denied service connection for cancer of the lower back, left lung cancer, prostate cancer, cancer of the left jaw, kidney cancer, cancer of left hip, and liver cancer. Service connection was granted for stomach cancer.

The Board denied an earlier effective date for service connection of lung cancer, finding that the claim was not filed within one year prior to the diagnosis and thus could not be granted before July 27, 2015.