Lung cancer decisions — 2021

The Veteran's cause of death, small cell lung cancer, is not service-connected as it did not arise during his military service or due to a service-connected condition.

The Veteran's cause of death was due to metastatic brain cancer, which is not service-connected as it did not arise from a service-connected condition or exposure to herbicide agents. The Board denied the claim for service connection.

The Board has determined that the reduction of the Veteran's lung cancer rating from 100% to 30% effective November 1, 2019 is proper based on his current pulmonary function test results.

The Veteran's renal cell carcinoma, large abdominal scar, abdominal numbness, bone cancer, lung cancer, liver cancer, and lymphatic cancer are all found to be related to his service-connected renal cell carcinoma.

The claims for service connection for diabetes mellitus, type II and lung cancer are reopened due to the introduction of new and material evidence. The cases are remanded for further development including VA examinations.

The Board has remanded the claims for further development due to a lack of adequate VA examinations and consideration of new evidence.

The Board has denied service connection for various conditions, including an eye condition, respiratory failure and lung cancer, hypertension, liver condition, skin disability, Grave's disease, and diabetes mellitus, type II. The evidence does not support a link between these conditions and the Veteran's in-service exposure to toxic chemicals.

The Veteran's appeals for increased ratings were denied across multiple conditions, including left foot hallux valgus, metatarsalgia, pes planus, and plantar fasciitis; right shoulder and left foot scars; residuals of lung cancer (status post right upper lobectomy and tube thoracotomy with emphysema); and muscle tension dyspenia. The Veteran's tinnitus appeal was also denied.

The Veteran's lung cancer was rated at 100% permanent, and the issues of special monthly compensation based on need for aid and attendance, increased rating for left foot disability, and increased rating for lumbar spine disability were pending at the time of his death. The appellant is granted as a substitute party for these issues.

The Board denied the Veteran's claim for an earlier effective date for the grant of service connection for lung cancer, finding that no formal or informal claim was filed within one year prior to June 7, 2007.

The Board has remanded the Veteran's claims for service connection due to new evidence submitted by him and a pre-decisional duty to assist error in not obtaining SSA records. The VA hearing loss claim is also remanded as there was no VA examination provided.

The Board has remanded the Veteran's claims for service connection due to new evidence submitted by him and a pre-decisional duty to assist error in not obtaining SSA records. The VA hearing loss claim is also remanded as there was no VA examination provided.

The Board has remanded the Veteran's claims for service connection due to new evidence submitted by him and a pre-decisional duty to assist error in not obtaining SSA records. The VA hearing loss claim is also remanded as there was no VA examination provided.

The Board has granted service connection for abdominal aorta aneurysm, heart condition, and lung cancer. The Veteran's use of tobacco products was found to be at least as likely as not caused by his service-connected back disability, which also led to the development of an acquired psychiatric disorder. Lung cancer is considered the principal cause of death.

The Veteran's claim for service connection for lung cancer, to include as a result of in-service asbestos exposure, is granted. The case is remanded for further examination and opinion.

The Board granted service connection for the cause of the Veteran's death and DIC benefits, finding that the appellant had a pending unadjudicated claim within one year of her husband's death. The effective date was set at August 1, 1988, which is the first day of the month in which the Veteran died.

The Board has granted service connection for lung cancer, finding that the Veteran was exposed to herbicide agents during his service at Korat RTAFB and resolving reasonable doubt in favor of the Veteran.

The Board has remanded the claims for service connection for lung cancer due to exposure to herbicides and/or asbestos, as well as the claim for cause of death. The VA will need to determine if the Veteran's ship was within Vietnam's territorial waters during his service aboard USS Kawishiwi, ascertain the likelihood of in-service asbestos exposure, and provide a medical opinion regarding the etiology of the lung cancer.

The Board has determined that the Veteran's lung cancer is related to herbicide agent exposure during service in Vietnam, and thus grants service connection for this condition.

The Veteran's service connection claim for lung cancer due to herbicide exposure during his time in Thailand is granted.