Lung cancer decisions — 2021

The Veteran's lung cancer rating is being remanded due to a pre-decisional duty-to-assist omission, and the need for a new examination based on necessary criteria. The SMC and TDIU claims are also being remanded.

The Board denied an earlier effective date for the award of service connection for lung cancer, finding that no claim was filed prior to February 18, 2016.

The Veteran's death was not caused by VA medical treatment, and the preponderance of evidence does not support a finding that VA provided carelessness, negligence, lack of proper skill, error in judgment or similar instance of fault. The Board denied entitlement to compensation under 38 U.S.C. § 1151 for additional disability resulting from VA treatment.

The Veteran's lung cancer residuals are rated at a compensable level of 30 percent from March 18, 2019 to November 14, 2019 and at a higher level thereafter.,The Veteran's coronary artery disease is currently rated at 60 percent since August 2019. The RO found that the most accurate measure was FEV-1/FVC of 101%.,The Veteran's diabetes is rated at 20 percent, which does not meet his claim for a higher rating.

Service connection for tinnitus is granted.,Service connection for ischemic heart disease due to herbicide agent exposure is granted on a presumptive basis.,Service connection for lung cancer is denied as not related to herbicide agent exposure.

The Board denied the Veteran's claim for service connection for cause of death, finding that his service-connected fractured cervical spine did not contribute substantially or materially to his cause of death.

The Veteran's claim for a compensable rating for lung cancer and restrictive disease is remanded due to an error in the initial decision.

The Veteran's non-small cell lung cancer of the left lower lobe has been in remission since November 1, 2015. The Board found that there is no evidence of any residual conditions or recurrence which would warrant a compensable evaluation.

The Board denied the Veteran's claim for service connection for lung cancer, finding that there was no evidence of asbestos exposure during service and concluding that the preponderance of the evidence is against a link between his current lung cancer and service.

The Board denied service connection for lung cancer, liver bile duct cancer, heart disease, and diabetes mellitus type II (DM) as these conditions are not related to the Veteran's military service or herbicide exposure.

The Veteran's lung cancer residuals and COPD are granted as service-connected due to in-service asbestos exposure, while his COPD is denied.

The Veteran's PTSD and other service-connected disabilities make it impossible for him to secure or maintain substantially gainful employment, thus meeting the criteria for a TDIU.

The Veteran's lung cancer was not incurred in service, and the Board found no evidence to support a finding of direct or presumptive service connection. The medical opinions provided by VA examiners were against the claim.

The Board denied the petition to reopen a previously denied claim of service connection for the cause of the Veteran's death due to lack of new and material evidence, concluding that lung cancer was not attributable to military service or a service-connected disability.

The Veteran's service-connected disabilities render him unable to secure or follow substantially gainful employment, and the Board has granted total disability based on individual unemployability (TDIU).

The Veteran's lung cancer is remanded for a VA examination to determine its nature and etiology, including whether it is related to his military service or herbicide agent exposure.

The Veteran was unable to secure and follow substantially gainful employment due to his service-connected disabilities, including lung cancer and low back pain. The Board granted a TDIU on an extraschedular basis.

The Board has remanded the claims for service connection due to incomplete development and need for medical opinions regarding chemical exposure in service.

The Board has denied service connection for a heart disorder, finding that the evidence does not support a causal relationship between the Veteran's in-service exposure to ionizing radiation and his current condition.,The Board has remanded the claims of service connection for colorectal cancer with colon resection, metastatic liver cancer, lung cancer, COPD, and constrictive bronchiolitis due to potential non-ionizing radiation exposure during military service.

The Board has remanded the cases due to a failure to consider all factors pertaining to the Veteran's reporting of his asbestos exposure as related to his lung cancer. The VA examiner must determine if the Veteran has a clinically established diagnosis or findings indicative of asbestos exposure and address the medical opinions submitted by the Veteran.