Lung cancer decisions — 2023

The Veteran's appeal for an earlier effective date for PTSD and lung cancer service connection has been dismissed.,The Veteran's claim for sleep apnea service connection is granted.

The Board denied service connection for lung cancer as there was no competent evidence linking the Veteran's current diagnosis to his military service.

The Board denied the Veteran's request to accept a Higher-Level Review (HLR) form for skin cancer, lung cancer, and heart disorder claims due to untimeliness. The HLR Request was not timely filed within one year of the last decision on these issues.

The Veteran's initial maximum disability ratings of 100 percent each for lung cancer, bone cancer, cancer of lymph nodes, and liver cancer have been denied.

The Veteran's lung cancer is granted as service-connected, and his death due to lung cancer is also granted. The cause of the lung cancer was linked to in-service exposure, but no specific exposure basis (like burn pit or Agent Orange) was provided.

The Board denied the Veteran's claims for a reduction in his lung cancer rating from 100% to 30%, and also denied his claim for an increased rating since January 1, 2019. The evidence did not support higher ratings based on disability criteria.

The Board has remanded the case for additional development to determine if the Veteran had a respiratory cancer, including lung cancer, separate and distinct from his service-connected squamous cell carcinoma of the right vocal cord. The VA examiner is asked to clarify whether any diagnosed throat disability or respiratory cancer was caused by or aggravated by the service-connected squamous cell carcinoma.

The Board has remanded the issue of service connection for lung cancer on a direct basis (pre-PACT Act) due to concerns about the adequacy of the VA examiner's opinion regarding the Veteran's exposure to burn pits and other toxins during his military service in the Persian Gulf War.

The Board has granted service connection for squamous cell carcinoma, tonsils with metastasis to lymph nodes and lung cancer due to presumed exposure to Agent Orange during service. The Veteran's conditions are related to his military service.

The Board has restored service connection for lung cancer effective August 1, 2023, finding that the original grant of service connection was not clearly and unmistakably erroneous.

The Board has remanded the claims for service connection for rectal cancer and lung cancer, as well as the claim for TDIU due to unresolved issues regarding the Veteran's exposure to herbicide agents during his military service.

The Board has remanded the case for a retrospective opinion to describe the collective impact of the Veteran's service-connected conditions on his ability to work from April 4, 2017 to April 2, 2018. The VA medical addendum opinions provided were inadequate and need to be supplemented.

The Board has denied service connection for lung cancer and bladder cancer, finding that the evidence does not support a direct relationship to active duty service.

The Board has dismissed all service connection claims for various conditions, including pulmonary embolism with small cell lung cancer and peripheral neuropathy of multiple extremities. The Veteran's death during the appeal process means that no final decision can be made on these claims.

The Board has remanded multiple claims for service connection due to the need for additional evidence and medical opinions regarding the Veteran's claimed conditions.

The Board has remanded the cases due to pre-decisional duty-to-assist errors that occurred prior to the September 2021 decision on appeal, including failing to recognize or act on a pending request for substitution by the Appellant.

The Veteran's lung cancer residuals are denied for initial compensable ratings prior to January 18, 2017, and a rating in excess of 10 percent from January 18, 2017 to January 24, 2020. A rating in excess of 30 percent after January 24, 2020 is also denied.

The Board has remanded the case due to a failure to verify potential asbestos exposure during service and obtain a medical opinion regarding the relationship between the Veteran's cause of death and his military service.

The Veteran has withdrawn all his appeals regarding the service connection claims for epilepsy, vision condition, migraine headaches, non-Hodgkin's lymphoma, lung cancer, right hip disability, neck disability, and back disability.

The Veteran's cause of death is being remanded due to the need for an opinion on whether his gastric cancer was related to his presumed exposure to herbicide agents while serving in Vietnam. The appellant seeks service connection based on both a secondary theory (related to larynx cancer) and a direct theory (Agent Orange exposure).