Lung cancer decisions — 2024

The Veteran's lung cancer, right knee strain, and left knee strain are not service-connected. The lumbosacral strain is rated at 20 percent.

The Veteran's death was due to lung cancer, diabetes mellitus, and coronary artery disease. The Board found no evidence of service connection for these conditions and concluded that the appellant did not provide sufficient evidence of exposure to radiation or other harmful substances during service.

The Veteran's lung cancer was rated at 60 percent from March 9, 2015 to April 15, 2016. The appeal is denied for a higher rating during this period.,A 100 percent disability rating was granted from April 16, 2016 until the Veteran's death on April 19, 2016.

The Veteran's lung cancer residuals have been granted a 60 percent rating from February 1, 2018 to November 15, 2023 and a 30 percent rating since November 16, 2023.

The Veteran's death was not related to his service, and he did not meet the criteria for a VA burial allowance based on nonservice-connected death or hospitalization by VA. The appeal is denied.

The Board has determined that the remand for a medical opinion regarding the Veteran's causes of death, specifically respiratory failure and metastatic lung cancer, is necessary due to an inadequate previous VA opinion. The new opinion must address whether it is at least as likely as not that these conditions were proximately due to or aggravated by his service-connected back and knee disabilities.

The Veteran's COPD, lung cancer, sinusitis, allergic rhinitis, gastroenteritis, rubella, and vertigo, dizziness, and lightheadedness are all remanded for further evaluation due to the need for medical opinions regarding their etiology.

The Veteran's lung cancer is granted as service connected, with the effective date prior to August 5, 2021.

An effective date of October 5, 2014, but not earlier, for the grant of service connection for renal cell carcinoma as due to exposure to contaminated water at Camp Lejeune is granted.,An effective date of April 17, 2006, but not earlier, for the award of SMC on account of loss of use of a creative organ is granted.,An effective date of October 5, 2014, but not earlier, for the grant of service connection for left lung cancer as secondary to renal cell carcinoma is granted.,An effective date of October 5, 2014, but not earlier, for the award of SMC based on the housebound rate is granted.,The initial rating higher than 60 percent for renal cell carcinoma status post right nephrectomy is denied.

The Veteran's adenocarcinoma of right lung, status post lobectomy, is granted on a direct basis prior to August 10, 2022. The issue of entitlement to a temporary total evaluation due to right lung lobectomy requiring a period of convalescence remains pending.

The Board has remanded the case due to unclear information about the Veteran's work history and earnings from September 2012. The Social Security Administration records need to be obtained for this purpose.

The Veteran's appeal is being remanded due to the need for additional medical opinions regarding his vertigo and peripheral neuropathy, as well as other issues on appeal. The AOJ will conduct further development and readjudicate the claims.

The Veteran's lung cancer and heart condition are not service-connected due to exposure to contaminated water at Camp Lejeune. The lung cancer claim is denied, while the heart condition claim is remanded for further examination.

The Veteran's death was not due to his own willful misconduct, and he had a combined 70% service-connected disability rating at the time of his death. However, since none of his service-connected disabilities were rated as totally disabling, the criteria for Dependency and Indemnity Compensation under 38 U.S.C. § 1318 are not met.

The Board has remanded the case due to insufficient development and need for additional medical opinions regarding potential exposure to chemical agents, including mustard gas via patch or drop patch at Fort McClellan, and herbicides.

The Veteran's death was not caused by service-connected conditions, and the evidence does not support a finding of exposure to herbicide agents during service. Therefore, his cause of death is denied.

The Veteran's cause of death is presumed to be due to lung cancer and prostate cancer, which are diseases associated with herbicide exposure in the Republic of Vietnam.

The Veteran's lung cancer is being remanded for additional development, including obtaining a medical opinion on the nature and etiology of his lung cancer and whether he sustained lung cancer as an additional disability in connection with VA treatment.

The Veteran's lung and brain cancers are granted as service-connected, with the cancer being the primary cause of his death. The remaining claims for hair loss, balance issues, blood clots, nerve disorders, and focus problems are remanded.

The Veteran's appeal is remanded for additional development and examination to address the claims of service connection for prostate/lung cancer, PTSD with MDD and TBI, a left arm disorder (claimed as nerve damage), an eye disorder, and fatigue.