Lung cancer decisions — 2022

The Board denied the Veteran's claim for an effective date prior to March 28, 2017, for the award of special monthly pension (SMP) based on the need for aid and attendance. The evidence did not show that the Veteran met all eligibility criteria for a retroactive payment of NSP or SMP benefits as of September 17, 2001, due to lack of evidence showing he was disabled in any way prior to March 28, 2017.

The Veteran's claims for diabetes mellitus, type II and lung cancer were denied as they are not related to service. Tingling and numbness in the right hand, left hand, right foot, and left foot were also denied as these conditions are not caused or aggravated by service-connected disease or injury.

The Veteran's lung cancer, which caused his death, was not service-connected. The Board found that the Veteran did not have a period of honorable service during which he could be granted service connection for this condition.

The Board has determined that the Veteran's lung cancer is related to his in-service exposure to hazardous chemicals, including asbestos, 3-HEPT, and radiation. As such, service connection for lung cancer is granted.

The Board has remanded the claims for lung cancer, heart disease, and kidney disease due to asbestos exposure. The VA is required to obtain medical opinions addressing the nature and etiology of these conditions.

The Board has denied a rating in excess of 10 percent for bilateral hearing loss prior to June 8, 2017 and in excess of 40 percent thereafter. The lung cancer issue is remanded due to the inadequacy of the April 2022 VA examination report.

The Board has remanded the case for further development and medical opinion regarding the Veteran's lung cancer and cardiopulmonary arrest, as well as exposure to herbicide agents in Vietnam. The issues of service connection are now pending.

The Veteran's GERD is granted a 10 percent disability rating. The right shoulder disability remains at 20 percent. The acquired psychiatric disorder is granted a 50 percent rating from March 10, 2015 to October 20, 2020 and TDIU is granted prior to August 2, 2016.

The Board has remanded the case due to uncertainty about the Veteran's exposure to asbestos during service. The claim will be reviewed again with further development, including obtaining medical opinions if necessary.

The Veteran's lung cancer is not service-connected, and the cause of death due to lung cancer is also denied. DIC benefits under 38 U.S.C. § 1318 are not granted as he did not meet the criteria for total disability at any time prior to his death.

The Veteran's death is remanded for further development, including obtaining a medical opinion regarding the etiology of his respiratory failure, lung cancer, and kidney cancer. Non-service-connected burial benefits and Dependency and Indemnity Compensation under 38 U.S.C. §1318 are also remanded.

The Board has remanded the case due to insufficient medical evaluation regarding the cause of death and the relationship between the Veteran's conditions. The Appellant is seeking service connection for the cause of her husband's death, which was attributed to carcinomatosis resulting from lung cancer and prostate cancer.

The Board has remanded the claims for service connection for type 2 diabetes mellitus and lung cancer due to exposure to an herbicide agent, as there is insufficient evidence to determine if the Veteran was exposed during his service in Korea.

The Board has determined that additional development is needed to determine the current severity and manifestations of the Veteran's service-connected lung cancer residuals, including any recurrence or metastasis. The AOJ should also obtain all outstanding medical records, particularly those from VA in early 2021.

The Board has remanded the case due to insufficient compliance with prior remand directives, particularly regarding a medical opinion on the cause of death and its relation to asbestos exposure during service.

The Board has remanded the claims for lung cancer and brain cancer due to asbestos exposure and secondary conditions, respectively. The case is being returned for additional development.

The Veteran's lung cancer post left upper lobectomy is currently rated at 10 percent prior to February 20, 2020, and 30 percent thereafter. The Board finds that a remand is necessary due to the need for updated medical records and an examination.

The Veteran's lung cancer, heart issues, leg problems and back issues are now service-connected. His hearing loss disability rating has been increased to 100% effective March 4, 2011.

The Veteran's petition to reopen claims for service connection for CAD, diabetes mellitus type II, erectile dysfunction, and lung cancer has been granted.,The Board has remanded the issues of service connection for these conditions due to contaminated water at Camp Lejeune.

The Board denied the Veteran's claim for service connection for an asbestos-related lung disability, finding that there was no evidence of a diagnosed asbestos-related condition and concluding that his current respiratory conditions are not causally related to service.