Lung cancer decisions — 2020

The Veteran's lung cancer is related to herbicide exposure in the Republic of Vietnam and service connection for this condition has been granted.

The Veteran's claims for service connection for ischemic heart disease, diabetes mellitus type II, and lung cancer have been denied as there is no evidence linking these conditions to his military service.

The Board has remanded the case due to insufficient evidence regarding the Veteran's herbicide exposure and the primary site of his cancer. The VA is required to attempt to obtain personnel records, complete VA treatment records from Coatesville, PA, and a JSRRC inquiry into the Veteran’s special forces missions in Vietnam.

The Veteran's lung cancer residuals, type II diabetes mellitus, ischemic heart disease, and peripheral neuropathy of the upper and lower extremities are granted as service-connected. The Veteran's right index finger amputation and below the right knee amputation are also granted as secondary to his type II diabetes mellitus.

The claim for service connection for the cause of the Veteran’s death is granted. The claim for accrued benefits based on service connection for lung cancer is also granted. However, the DIC under 38 U.S.C. § 1318 claim is dismissed as the Veteran was not rated totally disabled at the time of his death.

The Veteran's claims for service connection for COPD and lung cancer were denied, with the effective date set at June 14, 2018.,An initial rating higher than 100 percent for his service-connected lung disorder was also denied.

The Board has decided that the Veteran's lung cancer claim should be remanded due to outstanding medical records and a need for further development.

The reduction in rating for lung cancer was not proper, and the restoration of a 100% rating is granted.,The discontinuance of compensation for special monthly compensation (SMC) at the housebound rate based on a schedular 100% evaluation for a single service-connected disability plus additional service-connected disabilities independently ratable at 60% was improper, and restored.

The Veteran's accrued benefits are granted for the remaining unreimbursed amount of $3,643.50 due to his burial and funeral expenses.

The Board denied the claim for service connection for the cause of death due to non-small cell lung cancer, finding that there was no evidence linking it to service or a service-connected disability. The Veteran's exposure to radiation during service could not be verified and his cause of death was attributed to smoking-related adenocarcinoma.

The Board denied service connection for the cause of death due to kidney cancer and lung cancer, finding that the Veteran's cause of death was renal cell carcinoma with bone metastases, which is not related to his service, including in-service exposure to Agent Orange.

The Board has dismissed the appeals for service connection of lung cancer, diabetes mellitus type II (DMII), bone cancer, right hip, and cancer, lymph nodes as they are not related to military service.

The Board has remanded the case due to the need for a VA medical opinion regarding the cause of death and whether diabetes and lung cancer contributed to it. The appellant seeks service connection for metastatic malignant melanoma, but this disease is not presumed associated with herbicide exposure.

The Veteran's service-connected disabilities do not preclude him from securing substantially gainful employment.

The Veteran's death is being remanded for further investigation into his exposure to herbicides while stationed in Korea, as the initial denial was based on lack of evidence of such exposure. The case will be reviewed by VA to determine if new and material evidence supports reopening the claim.

The Board has remanded the Veteran's claims for esophageal disability, lung cancer, gallbladder disability, thyroid disability, and diabetes mellitus type II (DM) due to exposure to ionizing radiation and toxic chemicals. Additional development is needed including obtaining dose assessments based on service records, VA medical opinions regarding the relationship of these disabilities to service, and private treatment records.

The Board has granted service connection for obstructive sleep apnea (OSA) and denied service connection for lung cancer. The OSA is found to be aggravated by the Veteran's service-connected posttraumatic stress disorder (PTSD). Service connection for lung cancer was not established as there is no confirmed diagnosis of lung cancer at any time during the pendency of the claim.

The Board has remanded the case due to a clerical error in providing the SSOC to the Appellant's representative, the Oregon Department of Veterans Affairs (ODVA).

The Board has remanded the Veteran's claims for service connection due to incomplete records from his military health centers. The Veteran will need to provide updated STRs from McDonald Army Health Center in Fort Eustis and Sewell Point Branch Naval Medical Center in Norfolk, Virginia.

The Board has remanded the claims for service connection for lung cancer and TDIU due to unresolved issues regarding the Veteran's service locations, exposure history, and medical opinions.