Lung cancer decisions — 2022

The Board has remanded the case due to insufficient medical opinions regarding the Veteran's lung cancer and its relation to service, particularly asbestos exposure. The Veteran's claim is being reviewed again with a focus on his new theory of entitlement.

The Board has remanded three issues: service connection for pleural cancer, lung cancer, and the cause of the Veteran's death. The remand requires obtaining a medical opinion from an oncologist to address whether these conditions are related to active service exposure to asbestos and herbicide agents.

The Board denied the Veteran's claim for SMC based on aid and attendance due to a lack of evidence showing that his service-connected disabilities rendered him helpless enough to need regular aid and attendance.

The Board has decided to remand the case for a VA medical opinion regarding whether the Veteran's service-connected mood disorder caused or aggravated his smoking habit, which led to his lung cancer.

The Veteran's death was not caused by a service-connected disability, and the cause of death (malignant neoplasm of bladder) is not related to his military service.

The Board has remanded the case due to a lack of dose estimate for radiation exposure and further clarification needed regarding what constitutes a '7 High' incident. The Veteran's attorney requested copies of VA medical opinions obtained since 2019, which should be provided on remand.

The Veteran's death was due to lung cancer. The Appellant contends the Veteran served in Vietnam and should be presumed exposed to herbicide agents, which may allow his lung cancer to be presumed service connected.

The Board has remanded the case due to errors in obtaining relevant records and providing an adequate medical opinion.

Service connection for diabetes mellitus is granted due to presumed exposure to herbicide agents. The issues of service connection for renal cancer and lung cancer (secondary to renal cancer) are remanded.

The Board has denied service connection for various conditions, including cardiovascular disease, lumbar spine disability, lung cancer, hypertension, lymphoma, diabetes mellitus, and neuropathy, as the evidence does not support a link to active service.

The Veteran's claim for service connection for lung cancer due to herbicide exposure is being remanded because the VA did not properly consider his claims regarding Agent Orange exposure.

The Board has decided that the Veteran is not eligible for PCAFC benefits due to his inability to perform ADLs. However, after reviewing the new legal precedent from the Federal Circuit in Veteran Warriors v. Secretary of Veterans Affairs, the Board finds a pre-decisional error and remands the case for further review under the correct statutory criteria.

The Board has granted service connection for lung cancer, prostate cancer, and Parkinson's Disease as due to herbicide exposure during the Veteran's service in Thailand.

The Board has granted an earlier effective date of January 6, 1989 for service connection for the cause of the Veteran's death due to lung cancer, which was added to the presumptive list of disabilities on June 9, 1994. The appeal is granted.

The Board has determined that new and relevant evidence has been received sufficient to readjudicate the claim of entitlement to service connection for a lumbar spine disorder, as well as remanded the issues of lung cancer and SMC based on aid and attendance or housebound.

The Board denied the Veteran's claims for service connection for heart condition, lung cancer, brain condition (claimed as secondary to lung cancer), and neurological disability. The evidence did not support a finding of exposure to herbicide agents or a current diagnosis of coronary artery disease.

The Board has determined that the Veteran's non-small cell lung cancer is related to his in-service exposure to secondhand smoke, and service connection for this condition is granted.

The Veteran was granted TDIU due to his service-connected disabilities preventing him from obtaining or retaining substantially gainful employment.

The Veteran's TDIU claim is remanded for further development and consideration, including referral to the Director of Compensation Service for extra-schedular TDIU consideration.

The Veteran's claims for prostate cancer and erectile dysfunction have been granted. Prostate cancer is presumed due to herbicide exposure under the PACT Act, while erectile dysfunction is secondary to service-connected prostate cancer.,Blood cancer and lung cancer remain pending as they require further examination and opinion regarding their relationship to service.