Lung cancer decisions — 2022

The Board has granted service connection for lung cancer on a presumptive basis due to herbicide exposure during service, and the Veteran's condition manifested before his death.

The Board has dismissed the appeals for service connection for lung cancer, arthritis, tongue cancer, and throat cancer due to in-service radiation exposure as they are no longer relevant since the appellant passed away.

The Board denied the Appellant's claim for DIC benefits under 38 U.S.C. § 1151, finding that the Veteran's death was not caused by VA hospital care, medical or surgical treatment, or examination; nor was it due to an event not reasonably foreseeable.

The Board has granted service connection for the Veteran's esophageal cancer and lung cancer, both of which are found to be due to exposure to contaminated water at Camp Lejeune. The secondary claim for lung cancer is also granted.

The Board has remanded the cases of service connection for hypothyroidism and lung cancer due to insufficient rationale in the April 2022 opinions regarding the etiology of these conditions. An addendum opinion is required to clarify whether the Veteran's conditions are related to his personal smoking or in-service exposure to second-hand smoke.

The Board has remanded the claims for further development due to inadequate examination reports and missing PFT results.

The Veteran's claims for effective dates earlier than March 18, 2015 and September 15, 2017 have been dismissed.,An effective date of September 15, 2017 has been assigned for the award of service connection for lung cancer.,A compensable disability rating in excess of 10 percent for CAD prior to September 22, 2017 has been granted.,Beginning September 22, 2017, a rating in excess of 10 percent for CAD has not been met.,New and material evidence having been submitted, the claim of entitlement to service connection for a liver disorder is reopened.,Service connection for an acquired psychiatric disorder (PTSD and unspecified trauma and stressor-related disorder) has been granted.,The Veteran's claims for stomach ulcers have been denied.

The Veteran's lung cancer, status post lobectomy, is being remanded for further evaluation due to conflicting PFT results and the need for an addendum opinion regarding DLCO (SB) test results.

The Veteran's cause of death is granted as the lung cancer, which caused his death, was presumed to be due to exposure to herbicide agents during service.

The Veteran's death was not caused by a service-connected disability, as there is no evidence of exposure to herbicides during his military service. The Board denied the claim for service connection for cause of death.

The Veteran's claim for a higher initial rating for residuals of lung cancer, including scars from the left upper lobectomy, is denied as his pulmonary function test results do not meet the criteria for a minimum compensable rating.

The Veteran's cause of death, esophageal cancer and lung cancer, is not related to his active-duty service, including acknowledged exposure to contaminated water at Camp Lejeune. The Board found no causal connection between the Veteran's conditions and his military service.

The Board has remanded the case due to inadequate consideration of the Veteran's service-connected disabilities in determining his eligibility for a total disability rating based on individual unemployability (TDIU). The claim will be referred back for further examination and evaluation.

The Board has decided to remand the case due to insufficient information regarding the Veteran's lung cancer and its relation to service at Camp Pendleton. The Veteran needs to provide additional information about possible exposures while stationed there, and a new VA examination is required.

The Veteran's terminal lung cancer and other service-connected conditions are granted, with a total disability rating for lung cancer. Service connection is granted for thyroidectomy scar, hypertension, and right lung transplant with scar. However, service connection is denied for balance issues, left eyelid cancer, diabetic peripheral neuropathy, glaucoma, and bilateral cataracts.

The Veteran's cause of death, lung cancer, is presumed to have been caused by herbicide exposure during service in Vietnam. The Board granted service connection for the cause of the Veteran's death based on this presumption.

The Board denied the claim for service connection for the cause of the Veteran's death, finding insufficient evidence to support a link between his service-connected conditions and his death.

The Board has determined that remand is necessary to ensure the VA fulfilled its duty to assist in substantiating the Veteran's appeal, and to obtain additional medical opinions regarding the likely etiologies of his respiratory disability other than lung cancer and obstructive sleep apnea.

The Veteran's claim for service connection for PTSD was reopened due to the submission of new and material evidence. Service connection is granted.,Service connection for lung cancer, presumed due to exposure to certain herbicides in Vietnam, is also granted.,The cause of death, which was lung cancer, is found to be related to the Veteran's service-connected lung cancer.

The Board has determined that the claims for increased ratings and service connection are inextricably intertwined with the appellant's request to substitute as a claimant. The AOJ must address these issues, including obtaining updated VA treatment records and addressing the February 2014 VA examiner's qualifications.