Lung cancer decisions — 2021

The Veteran's service-connected disabilities did not prevent him from securing and following substantially gainful employment prior to November 5, 2020.

The Board has remanded the case due to insufficient development of evidence regarding the Veteran's exposure to herbicide agents and causation of his lung cancer. The appellant seeks service connection for the cause of death, which includes glioblastoma and lung cancer.

The Board has remanded the case due to insufficient medical opinions regarding the Veteran's cause of death and its relation to service, specifically exposure to herbicides. The Appellant contends that the Veteran’s cardiomyopathy, metastatic lung cancer, and colon cancer were related to his active duty service.

The Board denied the claim of service connection for the cause of the Veteran's death due to small cell lung cancer, finding that there was no evidence linking the condition to his military service or exposure to contaminated water at Camp Lejeune.

The Veteran's claims for service connection have been granted for a left lower eyebrow disability. Claims for service connection for left and right knee disabilities, thyroid cancer, esophageal cancer, lung cancer, and lymph node cancer (lymphoma) are remanded due to insufficient evidence.

The Board has reopened the Veteran's claims for service connection for thyroid cancer, lung cancer, and COPD due to new evidence. The cases are remanded for a VA opinion on whether these conditions are related to Agent Orange exposure during service.

The Board denied a compensable rating for service-connected squamous cell lung cancer, finding no local recurrence or metastasis during the appeal period and attributing current COPD symptoms to smoking rather than the lung cancer.

The Board has granted service connection for the Veteran's cause of death, finding that his lung cancer was related to exposure to herbicide agents in Vietnam. The Veteran is presumed to have been exposed to these agents due to his service in Thailand and Vietnam.

The Veteran's appeal for service connection for lung cancer has been dismissed due to his death.

The Veteran's claim for an increased evaluation of his service-connected residuals of lung cancer, status-post right pneumonectomy with scar is denied as the evidence does not show that he meets the criteria for a higher evaluation.

The Board has remanded the case for further development, including obtaining an advisory medical opinion to clarify whether the Veteran's lung cancer is related to his in-service asbestos exposure.

The Board has dismissed the appeals for service connection for diabetes mellitus, ischemic heart disease, and lung cancer as they are related to herbicide exposure due to the Veteran's death.

The Board denied the claim for service connection for the cause of the Veteran's death, finding that his renal carcinoma with metastasis to the liver and lungs was not linked to disease or injury incurred in active service, including herbicide exposure.

The Board has granted service connection for lung cancer residuals and a heart disorder, finding that the evidence is at least in equipoise as to whether these conditions are related to the Veteran's military service, specifically his exposure to burn pits during his time stationed in Germany and Aberdeen, Maryland.

The Board has remanded the case due to incomplete documentation and further development is required.

The Veteran's appeal regarding attorney fees based on past due benefits has been dismissed because the appellant died during the pendency of the appeal.

The Veteran's cause of death was determined to be lung cancer, which is a covered herbicide disease. The effective date for service connection for the cause of death has been set at April 3, 2007, based on receipt of the claim.

The Board has decided to remand the cases for further development and consideration. The issues of increased disability rating, SMC at housebound rate, and TDIU are being sent back for additional information.

The Board denied the Veteran's claim for service connection for a lung disorder, including as related to exposure to asbestos. The most probative evidence did not reach the level of equipoise in finding that any of the Veteran’s current lung disorders had onset during or are etiologically related to military service, to include exposure to asbestos.

The Board has remanded the Veteran's claims for service connection for bilateral hearing loss and TDIU due to service-connected disability. The claim of service connection for lung cancer is denied.,The Veteran's current bilateral hearing loss is not related to his active service, as determined by a VA audiological opinion.