Lung cancer decisions — 2023

The Veteran's death in May 2016 ended his entitlement to VA compensation benefits, and there were no unpaid benefits due. The appellant is not entitled to accrued benefits as she did not qualify as a child for purposes of the appeal.

The Board has remanded the case due to the need for additional development of private medical records and a new VA medical opinion considering all toxic exposures during service.

The Board has remanded the case due to a pending claim for service connection for lung cancer, which was granted as part of the appellant's DIC claim. The AOJ is required to evaluate and assign the proper rating and effective date for this grant.

The claim for DIC under 38 U.S.C. § 1318 is denied as the Veteran was not in receipt of a total service-connected disability rating for 10 years at the time of his death, and he was not a former prisoner of war (POW). The cause of the Veteran's death is remanded due to inadequate medical opinions regarding the relationship between his lung cancer and service.

The Veteran's lung cancer is related to his in-service exposure to herbicide agents, and the Board has granted service connection for this condition.

The Veteran's lung cancer, which was caused by exposure to contaminated water at Camp Lejeune during his service, is considered the principal cause of his death. The Board has granted entitlement to service connection for the cause of the Veteran's death.

The Veteran's death was due to arteriosclerotic cardiovascular disease with lung cancer, which is presumed related to herbicide exposure. The appeal is remanded for further verification of the Veteran's exposure to herbicides while stationed in Vietnam and/or at Udorn AFB, Thailand.

The Veteran's lung cancer residuals are being remanded due to the need for an addendum opinion regarding his reported symptoms of dizziness, equilibrium problems, and altered gait.

The Veteran's claims for service connection and TDIU have been dismissed due to his death.

The Board has granted service connection for a disability of the digestive system (other than liver cancer) as due to radiation exposure, and for liver cancer and lung cancer as secondary to service-connected disability of the digestive system. The decision is based on evidence that the Veteran participated in a radiation-risk activity during his period of active service and was diagnosed with colon cancer, which is among the diseases specific to radiation-exposed veterans listed under 38 C.F.R. § 3.309(d).

Service connection for lung cancer is granted. The Veteran's lung cancer is related to herbicide exposure in the Republic of Vietnam and manifested to a degree of 10 percent or more.,The Board finds that service connection for urinary frequency and urgency, skin disability of the hands, and respiratory disabilities other than lung cancer are remanded due to inadequate medical opinions.

The Board has remanded the claims for service connection due to asbestos exposure for throat cancer, COPD, lung cancer, dysphagia, and chronic kidney disease. Additional development is needed to determine if these conditions are related to the Veteran's military service.

The Board denied the Veteran's request for an effective date prior to March 14, 2013, for the grant of service connection for squamous cell lung cancer with asbestosis. The decision found no clear and unmistakable error in a September 2004 rating decision that denied service connection for asbestosis.

The Board denied the Veteran's claim for service connection for a respiratory disability, including asthma, lung cancer, COPD, and tuberculosis. The evidence did not support a finding that any of these conditions were incurred during active or ACDUTRA military service.

The Veteran's lung cancer and renal cysts are being remanded for additional development, including obtaining medical records and scheduling a VA examination.

The Board has granted service connection for the Veteran's metastatic liver cancer, finding that it was caused by his service-connected lung cancer.

The Board has granted service connection for thyroid cancer and lung cancer, both related to the Veteran's exposure to herbicide agents during his service in Vietnam. The decision is based on evidence that supports a direct causal link between the Veteran's service and these conditions.

The Veteran's death was caused by metastatic pancreatic cancer, lung cancer, and liver cancer. The Board has remanded the case to obtain additional medical opinions regarding whether these conditions are related to service or herbicide exposure.

The Board denied service connection for cancer of the head/neck (mouth) as there was no evidence linking it to service or any related conditions, including exposure to herbicide agents. The Veteran's lung cancer is not considered a proximate cause of his mouth cancer.

The Board has decided to remand the case due to insufficient evidence regarding the Veteran's exposure during service and the etiology of his lung cancer. The claim will be reviewed again with further development.