Lung cancer decisions — 2022

The Board has remanded the case due to a failure to properly develop the record regarding the Veteran's claimed exposure to herbicide agents during service at Fort Detrick, Maryland.

The Board dismissed the claim of CUE in the June 2013 rating decision and denied the request to revise the August 1994 rating decision denying service connection for the cause of death. The reasons were that the evidence did not show symptoms or complaints shortly after service, and lung cancer was not among the diseases entitled to presumptive service connection due to ionizing radiation at the time.

The Board has remanded the case due to insufficient VA records, including radiation oncology and private medical records. The AOJ is required to obtain these records and provide a new medical opinion on whether the Veteran's service-connected TBI residuals contributed to his death.

The Veteran's claim for a compensable rating for lung cancer, which included a right lower lobectomy, was remanded due to the VA's failure to obtain relevant private treatment records.

The Board has remanded the Veteran's claims for respiratory and prostate conditions, as they are related to exposure at Camp Lejeune. The VA will obtain updated treatment records and provide addendum opinions from a qualified clinician.

The Veteran's application for S-DVI was denied because he had a history of stroke, which is not considered 'good health' under VA standards. The Board has ordered remand to comply with the requirements set forth in the Veterans Benefits Manual (M29-1) and ensure proper notification.

The appeals to reopen the claims of service connection for PTSD and lung cancer have been dismissed due to the Veteran's death.

The Board has determined that the Veteran meets the criteria for service connection on a presumptive basis due to herbicide exposure, and therefore grants service connection for right lung cancer.

The Board has decided that the Veteran's claim for service connection for lung cancer cannot be readjudicated due to lack of new and relevant evidence. The issue of service connection for Hurthle cell carcinoma/thyroid cancer is remanded for further examination and opinion.

The Board denied service connection for lung cancer residuals and lung scars, as the evidence did not meet the criteria for service connection.

The Veteran's prostate cancer and lung cancer are granted as service connection is established due to presumed exposure to herbicides in Vietnam.,Service connection for voiding dysfunction, erectile dysfunction (ED), and sleep apnea are also granted as these conditions are found to be secondary to the service-connected prostate cancer.

The Veteran's cause of death, lung cancer, is causally related to herbicide agent exposure during his service in Korea. The Board granted service connection for the cause of the Veteran's death based on presumptive exposure.

The Board denied reopening of the claim for service connection for the cause of the Veteran's death due to lack of new and material evidence, as the provided lay statement did not establish a causal link between the Veteran's military service and his death from lung cancer.

The appeal of the claim for bilateral upper extremity peripheral neuropathy is dismissed.,Service connection for hypertension, presumed due to herbicide exposure, is granted.,Service connection for kidney cancer, presumed due to Camp Lejeune exposure, is granted.,Service connection for lung cancer, secondary to service-connected kidney cancer, is granted.,Service connection for bilateral lower extremity peripheral neuropathy, presumed due to herbicide exposure, is granted.

The Board has restored DIC benefits and DEA benefits for the cause of the Veteran's death, finding that the AOJ improperly severed these benefits.

The Veteran's lung disorders, including lung cancer, COPD, pulmonary fibrosis, bullous emphysema, and pulmonary nodules are being remanded for further development due to a duty to assist error.

The Board has decided that the reduction of the Veteran's lung cancer disability rating from 100% to 30% effective October 1, 2017 was proper. A new rating of 60% for the Veteran's service-connected lung cancer is granted. The issue of service connection for an acquired psychiatric disorder, including depression, is remanded.

The Veteran's lung cancer is granted as service connected due to exposure at Camp Lejeune, effective February 24, 2020.

The Veteran's lung cancer is granted as service connected due to exposure at Camp Lejeune, effective February 24, 2020.

The Veteran's prostate cancer and lung cancer are being remanded for further development as the Board found that there is insufficient evidence to establish a causal relationship between these conditions and his service, including exposure to contaminants at Camp Lejeune.