Lung cancer decisions — 2024

The Board has granted the Veteran's claim for service connection for lung cancer, finding that his exposure to burn pits during his service in Saudi Arabia is presumed and that this exposure is related to his current condition.

The Board has remanded the case due to insufficient evidence regarding whether the Veteran's lung cancer and metastatic osteosarcoma are related to his service in Vietnam, specifically exposure to Agent Orange. The case will be reviewed with an addendum opinion.

The Veteran's lung cancer claim is remanded due to a duty-to-assist error. The AOJ must verify the Veteran's exposure to herbicides based on his service in Korea, near the DMZ.

The reduction in rating for service-connected residuals of right upper lung non-small cell lung cancer from 100 percent to zero percent effective February 1, 2021 is improper and has been reversed. Special monthly compensation (SMC) at the statutory housebound rate is granted.

The Board has decided to remand the case due to a duty to assist error and the need for an addendum opinion regarding the Veteran's lung cancer.

The Board has determined that the Veteran does not have a current diagnosis of soft tissue sarcoma and has denied service connection for this condition. The claims for left piriform sinus squamous cell carcinoma and lung cancer due to herbicide agent exposure are remanded as there is insufficient evidence to establish service connection.

The Board has granted reimbursement for the cost of a low dose chest CT scan received at a non-VA facility on October 9, 2019 under CHAMPVA. The service was deemed medically necessary and appropriate.

The Board has remanded the case due to conflicting information regarding the Veteran's exposure to asbestos during service and inadequate medical opinions. The claim will be reconsidered with new evidence and an addendum opinion from a clinician.

The Veteran's lung cancer and brain cancer are granted service connection due to in-service asbestos exposure. Service connection for PTSD is granted based on the Veteran's reported military sexual trauma, but a VA examination is needed to verify this claim. The Veteran's right ear hearing loss is also granted service connection.

The Veteran's hearing loss of the left ear is rated as noncompensable, and his lung cancer post lobectomy is also rated as noncompensable. The Veteran's diabetes mellitus type II remains at a 20% rating.,The Veteran needs to provide additional evidence or undergo further examination to support a higher rating for diabetes mellitus type II.

The Board has decided to remand the case due to a pre-decisional duty to assist error and the need for a TERA opinion under the PACT Act. The Veteran served in Camp Lejeune from 1953-1956, where he was exposed to contaminated water. The VA must obtain a medical opinion regarding whether his lung cancer is related to service exposure.

The Veteran's hypertension, which requires continuous medication for control, has not met the criteria for a compensable rating due to blood pressure readings consistently below the threshold of 100/60 or 160/90.,The Veteran's lung cancer, successfully treated in July 2021 with left upper lobectomy and currently in remission, does not meet the criteria for a compensable rating as it is rated at 100% under DC 6819.

The Board dismissed the appeal for a compensable rating for scar, residuals of lung cancer and remanded the issue of TDIU.

The Veteran's death was not service-connected, and the claim for service connection due to exposure to herbicide agents (Agent Orange) is remanded.

The Board has granted the Veteran's claim for service connection for non-small cell adenocarcinoma (lung cancer), finding that it is related to in-service asbestos exposure. The decision affords the Veteran the benefit of doubt and finds that the criteria for service connection have been met.

The Board has remanded the case due to insufficient evidence regarding the Veteran's exposure to ionizing radiation or chemical agents in service, and a TERA examination is needed to determine if his lung cancer is related to such exposures.

The Veteran's kidney cancer is related to his presumed exposure to herbicide agents during service in Vietnam, and he was granted service connection for this condition.,His lung, liver, and lymph node cancers are also considered secondary to his primary kidney cancer, which has been granted service connection. ,The cause of the Veteran's death due to cardiopulmonary arrest is attributed to his service-connected kidney cancer.

The Veteran's death was not caused by a service-connected disability, and he did not meet the requirements for DIC under 38 U.S.C. § 1318.

The Board denied service connection for lung cancer, COPD, throat cancer, chronic kidney disease, and dysphagia as secondary to asbestos exposure.

The Veteran's appeals for increased ratings and TDIU were dismissed due to his death. The Board has no jurisdiction to adjudicate the merits of these claims as he died before a decision was made.