Lung cancer decisions — 2024

The Veteran's lung cancer and hypertension are rated, but the evaluation for lung cancer prior to July 18, 2019 is remanded. Service connection for secondary conditions related to lung cancer is also remanded.

The Veteran's lung conditions, including lung cancer, are remanded for further evaluation and consideration of in-service toxic exposure.

The Veteran's lung cancer is found to be related to his exposure to contaminated water at Camp Lejeune during active service, and the claim for service connection is granted.

The Veteran's cause of death, metastatic non-small cell lung cancer, is not service-connected due to lack of evidence linking it to asbestos exposure in service.

The Board denied service connection for lung cancer, finding that the Veteran's lung cancer was not incurred in or related to his military service and could not be presumed due to a lack of evidence showing it within one year after separation.

The Board has remanded the case due to a duty to assist error and requires an additional VA medical opinion regarding the Veteran's lung cancer cause of death. The effective date for service connection is also being addressed.

The Board has remanded the claims for throat and lung cancer service connection due to inadequate research on herbicide agent exposure during the Veteran's time in Guam. The AOJ is instructed to investigate whether herbicide agents were present or transported to Anderson Air Force Base in Guam between 1957 and 1958.

The Veteran's appeal for an earlier effective date for service connection for lung cancer associated with herbicide exposure is dismissed because the Veteran died during the appeal process.

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

The Board has determined that the evidence is in approximate balance regarding whether service connection should be granted for obstructive sleep apnea and lung cancer. The AOJ's decision on these issues will need to consider additional exposure information provided after the initial rating decisions.

The Board has determined that the claims for service connection for obstructive sleep apnea and lung cancer with removal of right lobe are not supported by the evidence presented, but new evidence (the September 2024 TERA memorandum) was submitted after the initial rating decisions. The AOJ is directed to consider this new evidence in deciding these issues.

The Board denied an initial compensable rating for status post lung cancer, right upper lobectomy and determined that the Veteran's respiratory impairment was primarily due to his non-service-connected COPD.

The Veteran's claims for service connection for sleep apnea and lung cancer are being remanded. The claim for diabetes mellitus type II is granted under the PACT Act, but a VA examination is needed to determine if it was incurred in service.

The Board has granted the Veteran's claim for service connection for lung cancer due to exposure to herbicide agents, finding that the evidence is in approximate balance regarding whether the Veteran was exposed to such agents during his active duty service in Okinawa, Japan. The Veteran meets the criteria for a 10 percent rating for lung cancer and has established exposure to herbicide agents.

The Veteran's appeal for service connection of lung cancer was dismissed due to their death during the pendency of the appeal.

The Board remands the claim for service connection for small cell lung cancer with metastasis to the liver due to an inadequate VA medical opinion and a need for a pre-decisional RO hearing.

The Board has remanded the case due to a failure to obtain a medical opinion and for compliance with the PACT Act regarding service connection for the cause of the Veteran's death.

The Veteran's claim for a compensable rating for his service-connected lung cancer in remission is being remanded due to issues with the VA examiner's opinion and lack of PFT testing. The case will be returned for further examination.

The Veteran's lung cancer and renal cysts were denied service connection due to lack of a direct link between the conditions and his in-service exposure at Camp Lejeune.,There was no evidence linking the Veteran's lung cancer or renal cysts to his time stationed at Camp Lejeune.

The Board has decided that the appeal regarding the cause of the Veteran's death is remanded due to a duty to assist error. The case will be returned for further review.