Lung cancer decisions — 2020

The Board has remanded the claims for COPD, pulmonary vascular disease, and right upper lung resection due to lung cancer as they are related to service. The claim for sleep apnea remains denied.

The Board has remanded the case due to incomplete service records and a need for medical opinion regarding lung cancer. The appeal is related to service connection based on exposure at Camp Lejeune.

The Board denied the Veteran's claims for service connection for lung cancer and COPD, finding that there was no evidence of a current disability or a link to service.

The Board has remanded the Veteran's claims for Hepatitis C and lung cancer as they are not adequately addressed in the current evidence of record. The Veteran is required to undergo a VA examination to determine the nature and etiology of his claimed conditions, and to ascertain the current severity of his service-connected lung cancer.

The Veteran's service-connected disabilities do not result in loss of use of a foot or feet, permanent impairment of both eyes, severe burn injury, amyotrophic lateral sclerosis, or ankylosis of a knee or hip. Therefore, the claim for financial assistance for automobile or other conveyance and adaptive equipment is denied.

The Veteran's claim for an initial compensable rating for residuals of lung cancer was denied as the FEV-1/FVC test result, which most accurately reflects his disability level, is 98 percent and does not meet the criteria for a compensable rating.

The Board has remanded the cases for additional development, including obtaining private medical records and conducting VA examinations to assess the Veteran's service-connected disabilities and their impact on his ability to work.

The claim for VA home loan guaranty benefits is denied because the Veteran did not die from a service-connected disability and was not in receipt of compensation at the time of his death.

The Veteran's service-connected residuals of lung cancer resulted in post-bronchodilator FEV-1/FVC results of up to 86 percent, which do not meet the criteria for a compensable rating under VA regulations. The Board denied his claim for an increased rating.

The Veteran's appeal was dismissed because he died during the pendency of his appeal, and thus the Board has no jurisdiction to adjudicate the merits of this case.

The Veteran's lung cancer is presumed to be related to herbicide exposure while serving in Thailand at the Takhli Royal Thai Air Force Base (RTAFB). The Board granted service connection for this condition.

The Board denied the Veteran's claims for service connection for lung cancer and the cause of his death. The decision found that there was no evidence to support a finding that the Veteran's lung cancer was caused by service or exposure to asbestos, and concluded that smoking was the primary risk factor for his non-small cell carcinoma.

The Veteran's headaches were rated at 30 percent prior to October 30, 2019 and granted a 50 percent rating thereafter. The Veteran is not entitled to an earlier effective date for TDIU or DEA benefits.

The reduction in the disability evaluation for lung cancer with hematologic and lymphatic involvement from 100 percent to 10 percent effective April 1, 2017 was proper. The appeal is denied. For the period prior to November 12, 2019, the Veteran's residuals of lung cancer status post lobectomy are rated at 10 percent.

The Veteran's lung cancer is being remanded for further research into his potential in-service exposure to herbicides. The cause of death and additional burial benefits are also being remanded due to their connection with the lung cancer claim.

The Board dismissed the appeals for various issues related to service connection and effective dates due to the Veteran's death.

The Board has remanded the Veteran's claims for an initial rating in excess of 60 percent for Stage I non-small cell lung cancer status post resection and entitlement to a total disability rating based on individual unemployability (TDIU) due to inadequate examination reports and outstanding private treatment records.

The Board has remanded the case due to incomplete service records and requests for further information from the appellant. The claim is being reopened based on new evidence.

The Board has remanded the case due to an inadequate medical opinion regarding whether the Veteran's small cell lung cancer was related to exposure to contaminated water at Camp Lejeune. The VA examiner relied on inaccurate facts, including a brief exposure window of 91 days, which is not supported by the record.