Lung cancer decisions — 2023

The Board has denied service connection for tinnitus and remanded the cases of an acquired psychiatric disorder, lung cancer, and the cause of death. The issues related to these claims are now pending again with the Board.

The Veteran's service records are unclear regarding his service locations during the relevant time periods. The Board finds further development is necessary to determine if he served in Guam, American Samoa, or Johnston Atoll during the PACT Act-presumptive exposure period for herbicide agent exposure.

The Veteran's cause of death was determined to be metastatic lung cancer, which is presumed to have been caused by his in-service exposure to herbicide agents. Therefore, service connection for the cause of the Veteran's death has been 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 addendum medical opinions addressing the nature and etiology of these conditions.

The Board denied the Veteran's claims for service connection of lung cancer and a temporary total evaluation following his May 2013 surgery. The decision found no clear and unmistakable error in the January 2011 rating decision denying service connection, and did not meet the criteria for a temporary total evaluation.

The Board denied the claim for service connection for cause of death, finding that the Veteran's lung cancer was not related to his military service.

The Board denied the Veteran's claims for service connection for lung cancer and prostate cancer, finding that there is no current diagnosis of these conditions in his records. The Board concluded that the evidence does not support a finding of service connection due to herbicide exposure.

The Board denied service connection for renal cell carcinoma with metastases to the lung, finding that there was no direct evidence linking the condition to service and noting that the Veteran did not have a primary site diagnosis of lung cancer.

The Board has remanded the case due to insufficient development regarding the Veteran's exposure to carcinogens, chemicals, and other hazardous materials during his Air Force service. The VA must obtain a medical opinion on whether the Veteran's lung cancer was related to his service, including possible asbestos exposure.

The Board denied service connection for the cause of death due to lack of evidence showing a service-connected disability caused or contributed to the Veteran's death from lung cancer and COPD.

The Veteran's claim for a rating in excess of 30 percent for residuals of lung cancer status post lobectomy was denied as his symptoms did not meet the criteria for a higher rating under Diagnostic Code 6604.

The Board denied service connection for pulmonary adenocarcinoma and brain metastasis as secondary to pulmonary adenocarcinoma due to the Veteran's use of tobacco products during service, finding no evidence of asbestos exposure or in-service respiratory complaints that were manifestations of his current conditions.

The Board denied service connection for lung cancer, which the Veteran claimed was due to contaminated water exposure at Camp Lejeune. The VA examiner concluded that the lung cancer is not related to his time in service.,Service connection for bilateral hearing loss was also denied as there was no increase in severity of preexisting hearing loss during service.

The Board has remanded the Veteran's claims for a higher evaluation for his service-connected lung cancer residuals and for an initial compensable rating prior to January 24, 2020, as well as a rating in excess of 30 percent thereafter. The case is being returned due to inadequate examination reports.

The Veteran's lung cancer is granted service connection due to presumed exposure to herbicides. Service connection for left and right leg peripheral neuropathy are also granted, with the cause of death being attributed to lung cancer.

The Veteran's claim for a higher evaluation of his CAD is denied, but he is granted TDIU.

The Veteran's service connection claims for chronic lymphocytic leukemia, diabetes mellitus, type II, lung cancer, atrial fibrillation, and erectile dysfunction have been granted.,However, the claim for service connection of erectile dysfunction is being remanded due to insufficient medical evidence.