Lung cancer decisions — 2024

The Board has remanded the case due to insufficient medical opinions regarding the Veteran's cause of death, specifically his exposure to asbestos and lead paint during service.

The Veteran's cause of death was due to lung, kidney, and prostate cancers, which are presumptively related to his service. The appeal for service connection for cause of death is granted.

The Veteran's obstructive sleep apnea is granted as secondary to service-connected PTSD. The other issues are remanded for further development and consideration.

The Veteran's lung cancer is presumed to be due to herbicide exposure in Vietnam, and the claim for service connection is granted.

The Board has remanded the cases for further development and medical opinions regarding the etiology of the Veteran's claimed conditions, including lung cancer, kidney/bladder cancer, COPD, hematuria, bone metastasis of the left iliac bone, and an acquired psychiatric disorder to include PTSD and depression.

The Board denied service connection for heart condition, diabetes mellitus, lung cancer, and Parkinson's disease or essential tremors as there was no evidence of exposure to Agent Orange or asbestos during active service.

The Veteran's lung cancer and hypertension are granted service connection, with the latter being granted under the PACT Act. The lung cancer is presumed due to herbicide agent exposure in Panama Canal Zone (PCZ).

The Board has remanded the claims for service connection for a heart condition, melanoma skin cancer with chemotherapy residuals, lung cancer with chemotherapy residuals, and the Veteran's cause of death due to potential exposure to toxic substances in service.

The Veteran's claims for brain damage from a cyst on the brain, generalized dizziness, skin cancer in face and neck, lung cancer, left knee, and left leg smaller than right leg are being remanded due to insufficient evidence of service connection.

The Board denied service connection for the cause of the Veteran's death due to lung cancer with metastases, as well as for congestive heart failure, diabetes mellitus type II, hypertension, CAD, and PVD. The conditions were not found to be related to service or exposure to herbicides.

The Board has determined that the Veteran's death was due to cerebral hypoxemia, cardiorespiratory failure, oat cell lung cancer, and asbestosis. The claim is being remanded for further development including a VA examination and medical opinion regarding service connection.

The Board has denied an earlier effective date for service connection based on herbicide exposure under the Blue Water Navy Vietnam Veterans Act (BWN Act) due to lack of qualifying service in Vietnam. The Veteran served along the Korean DMZ, but the BWN Act does not apply to Korea.,However, the Board has also remanded the case to consider direct service connection for cause of death on a facts-found basis, as this may provide an earlier effective date back to September 2019.

The Veteran is entitled to a total disability rating based on individual unemployability due to service-connected disabilities prior to January 31, 2020.

The Veteran's daughter filed a claim for accrued benefits, but the appeal was denied because it was not received within one year of his death and she is not considered a child for purposes of accrued benefits.

The Board denied the Veteran's claims for an increased rating for his service-connected adenocarcinoma and sleep apnea with COPD, finding that the evidence did not meet the criteria for a higher disability rating.

The Board denied service connection for heart disease, lung cancer and COPD, prostate cancer, ECA (stroke), and ED due to herbicide exposure.,Service treatment records did not show any complaints or diagnoses related to the conditions. The Veteran's post-service medical records indicated diagnoses of these conditions but they were not within one year after discharge from service.

The Board has granted service connection for diabetes mellitus, type II, prostate cancer, and lung cancer due to herbicide agent exposure. Service connection is denied for left lower extremity, right lower extremity, left upper extremity, and right upper extremity peripheral neuropathy as there is no evidence of these conditions during or within a year following service.

The Veteran's lung cancer (respiratory cancer) claim is denied as there is no clinical diagnosis of the condition. The prostate cancer (reproductive cancer) claim is granted under the PACT Act due to presumed exposure in Kuwait. The erectile dysfunction claim is denied as there is insufficient evidence linking it to service-connected prostate cancer.,The Veteran's lung cancer (respiratory cancer) claim is denied as there is no clinical diagnosis of the condition. The prostate cancer (reproductive cancer) claim is granted under the PACT Act due to presumed exposure in Kuwait. The erectile dysfunction claim is denied as there is insufficient evidence linking it to service-connected prostate cancer.

The Board has dismissed the Veteran's claims for service connection for lung cancer, anxiety, a low back condition, right foot tingling, left foot tingling, a bilateral eye condition, gastroesophageal reflux disease (GERD), hypoglycemia, and headaches as it lacks jurisdiction over these issues due to concurrent elections.

The Board has granted service connection for lung cancer, prostate cancer, coronary artery disease (CAD), and hypertension on a presumptive basis due to herbicide exposure in Thailand. The effective dates are not specified as the claims were filed prior to August 10, 2022.