Lung cancer decisions — 2024

The Veteran's claims for increased ratings and earlier effective dates were partially granted. The Board found that the Veteran's hypertension warranted a 10 percent rating, lung cancer residuals warranting a 60 percent rating, and service connection for both conditions was granted with an effective date of November 24, 2020. However, several issues remain remanded.

The Veteran's cause of death was listed as lung cancer, pulmonary fibrosis, chronic pulmonary obstructive disease, hypertension, hypothyroid, and benign prostate hypertrophy. The Board found that these conditions are not related to his military service.

The Veteran's claim for service connection for bilateral hearing loss is denied. The Board has remanded the claim of service connection for lung cancer due to a failure to obtain an opinion regarding its etiology.

The Veteran's appeal regarding the timeliness of a May 2023 VA Form 10182 is dismissed because his Motion for Extension of Time was granted, making the form timely.

The Board has granted the appellant's claim for service connection for the cause of the Veteran's death due to lung cancer, which was presumed to be caused by exposure to herbicide agents during service. The amended death certificate states that squamous cell lung cancer and tonsillar squamous cell cancer were the underlying causes of the Veteran's death.

The Board has determined that the Veteran's dementia, which contributed to his death, is less likely caused by his service-connected bilateral hearing loss. However, a remand is necessary for an additional opinion regarding whether the dementia was aggravated by the service-connected hearing loss.

The Board found that the Veteran's liver cancer was presumptively due to his exposure to contaminated water at Camp Lejeune, but denied service connection for lung cancer as it was not a primary site of the cancer. The appeal is denied.

The Veteran's prostate cancer is granted as service-connected due to presumptive Agent Orange exposure during his Navy service.,The Veteran's thyroid cancer is granted as service-connected due to toxic exposure from dry cleaning chemicals in active Naval service.

The Board has remanded the case due to potential exposure to asbestos/chemicals during service, and a medical opinion is needed regarding whether this exposure may be related to the Veteran's lung cancer.

The Veteran's claims for service connection are being remanded due to insufficient evidence and need further investigation.

The Veteran's cause of death, metastatic lung cancer, is presumed to be due to herbicide exposure during his service at Korat Royal Thai Air Force Base. The Board granted service connection for the cause of death based on this presumption.

The Board has determined that more development is needed to determine if the Veteran's service-connected exposure to chemicals and herbicides during his time at Maclan-Benito Ebuen Air Base contributed to his death from non-small cell lung cancer. The case is being remanded for a VA medical opinion.

The Board dismissed the appeals of three issues related to service connection for liver cancer, lung cancer, and a right knee strain due to the appellant's death.

The Veteran's lung cancer and associated scar are granted at 100% disability ratings effective January 11, 2023. The appeal for an increased rating for lung cancer is dismissed as the RO has already granted a 100% rating. A 20% rating is granted for scars from surgery. Special monthly compensation and TDIU are also granted.

The Board has granted service connection for lung cancer, coronary artery disease (CAD), and diabetes mellitus on the basis of presumed exposure to herbicide agents in service near the Korean DMZ.

The Board has remanded the case due to a failure to retrieve relevant medical records from private providers. The appellant is advised to authorize release of any previously unavailable, identified records and for VA to request copies.

The Veteran's lung cancer is presumed to be related to herbicide exposure while serving in the U.S. Navy, and his surviving spouse is granted service connection for this condition under the Blue Water Navy Vietnam Veterans Act of 2019.

The Board has dismissed all claims related to effective dates and disability ratings for various conditions, including diabetes mellitus, neuropathies, lung cancer, and coronary artery disease. The appeal is dismissed due to the death of the Appellant.

The Board has remanded the claims for lung cancer and ischemic heart disease due to a pre-decisional duty-to-assist error. The cause of death claim is also remanded as it cannot be addressed until substitution is resolved.

The Veteran's claims for prostate cancer, lung cancer, ischemic heart disease, and type II diabetes mellitus are remanded due to inadequate VA examination.