Lung cancer decisions — 2023

The Veteran's appeal is remanded for further development regarding his right ankle sprain, kidney cancer, and lung cancer claims.

The Veteran's claim for service connection for Stage 4 lung cancer is being remanded due to an improper filing of the Notice of Disagreement (NOD).

The Veteran's service-connected coronary artery disease (CAD) rendered him unable to secure or follow a substantially gainful occupation, leading to the grant of TDIU. The claim for SMC at the A&A level is remanded due to lack of an SOC.

The Board denied the Veteran's claim for an earlier effective date for his service connection for lung cancer with right upper lobectomy, finding that there was no communication prior to July 21, 2017 that could serve as a formal or informal claim.

The Board has denied the Veteran's claims for service connection for respiratory disorders, non-small cell lung cancer, and colon cancer due to lack of evidence linking these conditions to his active duty service.

The Board has decided to remand the case due to a lack of clarity in the VA medical opinion regarding whether VA's treatment met the standard of care and if there was a failure on VA's part to timely diagnose or treat the Veteran's lung cancer, leading to its progression.

The Board has granted service connection for the cause of the Veteran's death due to ischemic heart disease, coronary artery disease, pulmonary arterial hypertension, and lung cancer caused by exposure to herbicide agents during service in Thailand. The claim for DIC under 38 U.S.C. § 1318 is dismissed as moot since service connection has been granted. Service-connected burial benefits are also granted.

The Board has remanded the case due to a lack of VA-obtained treatment records from Tripler Army Hospital in Honolulu, HI. The cause of death is not service-connected.

The Board has remanded the claims for service connection due to insufficient opinions provided in previous VA examinations. The Veteran's COPD, lung cancer, and chronic hypoxic respiratory failure are being reviewed again as they may be related to asbestos exposure, coal and petroleum, aluminum, titanium, and silica. The claim for sleep apnea is also being remanded as it is intertwined with the COPD claim. The claims for left and right hip strains are also being remanded due to insufficient opinions provided in previous VA examinations.

The Board has remanded the claims for service connection for lung cancer (including colon, liver, and brain cancers) and cause of death due to unresolved procedural issues. The claim for burial benefits is also remanded as it is intertwined with the other claims.

The Veteran's service-connected metastatic lung cancer contributed substantially or materially to his death, and the Board has granted entitlement to service connection for the cause of the Veteran's death.

The Board has determined that the Veteran's cause of death, metastatic cancer with an unknown primary, is due to lung cancer related to exposure to herbicide agents during service. Service connection for this condition is granted. However, there is no compensation under 38 U.S.C. § 1151 for the lung cancer.

The Board has remanded the case due to insufficient evidence regarding service connection for small cell lung cancer, including exposure to asbestos during military service. The appellant is seeking service connection based on in-service asbestos exposure and subsequent cleanup efforts.

The Veteran's bilateral hearing loss disability was not shown to be incurred in or aggravated by service, and the claim is denied.,The Veteran's lung cancer was not shown to be incurred in or aggravated by service, and the claim is denied.

The Veteran's lung cancer, bladder cancer, and tremors of the extremities are not service-connected due to lack of evidence linking these conditions to his military service.,The cause of death (lung cancer) is also not service-connected.

The Board denied the Veteran's claims for service connection for bilateral hearing loss, lung cancer, and brain cancer. The decision found that there was no evidence of a current disability or a link between any claimed conditions and service.,Service connection could not be granted due to lack of exposure to herbicide agents in Vietnam and insufficient medical evidence linking the Veteran's lung cancer to his in-service asbestos exposure.

The Veteran's son is not eligible for Dependents' Educational Assistance (DEA) benefits because he was already 26 years old when his father's basic eligibility to DEA benefits was established in April 2012.

The Veteran's service-connected disabilities did not meet the schedular criteria for TDIU prior to October 21, 2015. The Board found insufficient evidence to substantiate a reasonable possibility that he was unemployable solely because of his service-connected disabilities during this period.

The Veteran is granted a disability rating of 10 percent for lung cancer from March 1, 2018 to January 6, 2022. A 100 percent rating is granted from January 6, 2022 to August 10, 2022.

The Veteran's non-small cell lung cancer is presumed service-connected due to exposure to burn pits during his Southwest Asia service, and the PACT Act provides presumptive service connection for this condition.