Lung cancer decisions — 2023

The Veteran's service-connected disabilities, including lung cancer in remission, prostate cancer (remission), tinnitus, bilateral hearing loss, myocardial infarction, erectile dysfunction, and hypertension, rendered him unable to secure or follow a substantially gainful occupation. The Board granted the TDIU on a schedular basis.

The Board has granted service connection for the Veteran's respiratory disorder, finding that his symptoms are related to his military service and resolving all doubt in favor of the Veteran.

The Veteran's death was not caused by a service-connected disability, and the appellant has no legal entitlement to VA benefits based on need for regular aid and attendance or housebound status.

The Board has remanded the case due to new evidence from the PACT Act, which requires a TERA examination and opinion regarding the etiology of lung cancer.

The Veteran's cause of death was listed as metastatic lung cancer. The Board found that the evidence did not support a finding that his lung cancer was related to service, and thus denied service connection for cause of death. Additionally, the Veteran did not meet the requirements for DIC benefits under 38 U.S.C. § 1318.

The Veteran's major depressive disorder was granted service connection. The issues of chronic pain syndrome, tongue cancer, bone cancer, and lung cancer are remanded for further development.

The Veteran's lung cancer residuals are rated at 10 percent prior to February 20, 2020, and at 30 percent thereafter. The Board found the current ratings do not reflect the severity of his symptoms.

The Board has decided that the Veteran's salivary gland cancer and metastatic lung cancer may be related to his service, specifically his exposure to herbicide agents during active duty. However, the VA medical opinion provided was inadequate, so another one is needed.

The Veteran's lung and prostate cancers are related to his exposures to toxic herbicides. Service connection for both disorders is granted on a presumptive basis under the PACT Act. The claims for kidney cancer, bladder cancer, and peripheral neuropathy are remanded due to lack of VA medical opinions.

The Veteran's lung cancer is granted service connection, as it was related to his in-service exposure to asbestos.,The Veteran's bone cancer is also granted service connection, secondary to his lung cancer.,Service connection for the cause of the Veteran's death due to his service-connected lung cancer is granted.

The Board has remanded the claim of service connection for lung cancer, including as secondary to asbestos exposure, due to inadequate medical opinions and need for further examination.

The Veteran's claim for a higher rating for PTSD has been granted. The lung disorder and TDIU claims are remanded due to procedural errors.

The Veteran's appeal on the issues of service connection for lung cancer and kidney cancer was dismissed because his August 2020 VA Form 9 was not timely filed.

The Veteran's cause of death is granted effective June 1, 2019, based on service connection for the cause of death due to in-service exposure to herbicide agents at Udorn RTAFB.

The Veteran's appeal includes issues related to scars and basal cell carcinoma. The Board has determined that the VA examinations obtained prior to the March 2023 rating decision were inadequate for determining the appropriate ratings, particularly regarding the nature of the scarring. Therefore, these issues are being remanded to obtain further evaluations.

The Board has remanded the case due to insufficient evidence regarding the Veteran's exposure to herbicide agents during his service in Korea, which could impact his claim for service connection for the cause of his death.

The Board has denied the Veteran's claims for service connection for coronary artery disease and lung cancer, finding that there is no evidence of herbicide agent exposure in Vietnam or elsewhere. The Veteran served on active duty from April 1962 to April 1966, but did not serve in the Republic of Vietnam. Therefore, his conditions are not presumed service-connected.

The Veteran's appeal for service connection for colon and lung cancers has been dismissed due to his death during the pendency of the appeal.

The Board has remanded the claims due to additional procedural development being required, including issuing a Supplemental Statement of the Case (SSOC) that addresses all evidence received since the June 2019 SOC.

The Board has determined that the Veteran's service-connected disabilities have rendered him unable to secure or follow a substantially gainful occupation, and thus grants his claim for TDIU.