Lung cancer decisions — 2024

The Veteran's lung cancer is granted service connection on a presumptive basis under the PACT Act due to exposure to burn pits during his military service in Southwest Asia.

The Veteran's cause of death is related to lung cancer, which the appellant contends was caused by in-service exposure to herbicide agents at Fort Detrick. The Board has decided to remand the case due to inadequate development and the need for additional opinions regarding potential non-herbicide agent chemical and biological exposures.

The Veteran's lung cancer is being remanded due to a failure to verify his potential exposure to herbicide agents during service. The Board requires that the claims file be reviewed by an appropriate Records Research Specialist.

The Board dismissed the appeal as there is no justiciable case or controversy with respect to the current appeal pertaining to service connection for lung cancer for the purposes of accrued benefits.

The Veteran's metastatic lung cancer, brain cancer metastasis, and bone cancer metastasis were rated as 100% disabling effective April 19, 2017. The Board granted an earlier effective date of April 19, 2017 for the grant of special monthly compensation (SMC) under 38 U.S.C. § 1114(p) and 38 C.F.R. § 3.350(f)(4) at the rate equal to 38 U.S.C. § 1114(m).

The Veteran's lung cancer was not incurred in service and is denied as there is no evidence of herbicide exposure during his Vietnam service. Service connection on a direct basis is also not granted due to lack of medical nexus.

The Veteran's cause of death was due to metastatic lung cancer, which the Board found not attributable to service-connected conditions. The examiner opined that his lung cancer was not related to active service exposure.

The Veteran's lung cancer was not incurred in service and is denied as there is no evidence of herbicide exposure during his Vietnam service. Service connection on a direct basis is also not granted due to lack of medical nexus.

The appeal to reduce the disability rating for lung cancer from 100% to 0% is dismissed as a matter of law because the May 2021 proposed reduction was not a final agency action.

The Veteran's service connection for multiple conditions was granted effective February 8, 2021. However, payment of VA disability benefits began on March 1, 2021, due to the specific regulations governing the commencement of such payments.

The Veteran's lung cancer is granted as secondary to his service-connected metastatic colorectal cancer, which resulted from presumed Agent Orange exposure.

The Board remands the issues of earlier effective dates for various conditions associated with herbicide exposure, including squamous cell lung cancer and coronary artery disease, as well as peripheral neuropathy in multiple extremities.

The Veteran's lung cancer is directly related to his in-service exposure to contaminated water at Camp Lejeune, and the Board has granted service connection for this condition.

The Board has decided to remand the case due to a need for further examination and medical opinion regarding the Veteran's cause of death, specifically related to toxic chemical exposure at Fort McClellan.

The Board dismissed the appeal because there was no specific error of fact or law to appeal regarding the proposed reduction in disability rating for stage IV lung cancer, nonsmall cell.

The Veteran's lung cancer, presumed to be due to his service in Vietnam and exposure to herbicide agents, was found to have caused the Veteran's death. Service connection for the cause of death is granted.

The Veteran's service-connected PTSD is found to have caused or contributed substantially to his death from smoking-related COPD and lung cancer, which occurred in September 2022.

The Veteran's lung cancer status post left pneumonectomy resulted in a noncompensable rating due to residual shortness of breath and PFT results not meeting the criteria for a compensable rating.,The Veteran's scar, left chest associated with lung cancer also received a noncompensable rating as it did not meet the criteria for any specific skin disability rating.

The Board has remanded the case due to insufficient information regarding the Veteran's exposure to herbicide agents. The cause of death is considered natural, but service connection for kidney cancer remains unresolved.

The Veteran's claim for service connection for lung cancer was not filed until June 11, 2019. Therefore, an earlier effective date prior to that date is denied.