Lung cancer decisions — 2024

The Veteran withdrew his appeal regarding the service connection for metastatic lung cancer, and the Board dismissed the case.

The Veteran's application for PCAFC benefits was denied due to the death of the Veteran, making it impossible to complete and comply with all applicable requirements of the program.

The Board has denied the Veteran's claim for service connection for lung cancer, finding that there is no evidence linking his current diagnosis to his military service. The most probative medical opinions indicate that the Veteran's lung cancer was not related to asbestos exposure during service and instead may be linked to his long history of smoking.

The Veteran's claim for service connection for lung cancer is being readjudicated due to new and relevant evidence. The claim for kidney cancer remains remanded as the AOJ failed to obtain a medical nexus opinion or corroborate exposure to TCE.

The Veteran's death was due to metastatic cancer, which is presumptively associated with exposure to herbicide agents. The VA awarded service connection for the cause of death on May 25, 2023, and granted DIC benefits effective from that date.

The Board has remanded the claims for service connection for colon, prostate, lung, and liver cancer due to a failure in VA's duty to assist. The Veteran is also being asked to provide additional evidence regarding his anxiety with depression and stress claim.

The Veteran's lung cancer and malignant neoplasm of the oropharynx are granted service connection due to exposure to Agent Orange during his Vietnam service.

The Veteran's death was caused by lung cancer linked to cigarette and marijuana smoking, not military service. Service connection for the cause of death is denied.

The Veteran's claim for an earlier effective date for a 100 percent disability rating for residuals of lung cancer is denied as the earliest he may be assigned such a rating is April 2, 2018.

The Veteran's lung cancer and brain tumor are granted service connection due to exposure to burn pits during his military service.,Service connection for headaches is restored as it was previously severed, with the cause being attributed to radiation therapy from the brain tumor.

The Board has determined that the Veteran's claims for service connection for kidney cancer and lung cancer should be remanded due to a duty to assist error in failing to obtain relevant VA treatment records from VAMC Orlando dated January 1996, related to Agent Orange exposure.

The Board denied service connection for degenerative arthritis of the spine and lung cancer, finding that new evidence did not warrant readjudication but also noting that there was no herbicide exposure to support a presumption.

The Veteran's lung cancer is related to his presumed herbicide exposure during service in the Korean Demilitarized Zone (DMZ). Service connection for lung cancer is granted.

The Veteran's claims for service connection for bone cancer, lung cancer, prostate cancer, coronary artery disease, and bilateral hearing loss were denied as there was no evidence of in-service exposure to herbicide agents or other factors that would support presumptive service connection. The Board found the Veteran did not meet the second element of service connection due to lack of credible evidence supporting his assertions of in-service exposure.

The Board denied the claim of service connection for cause of death, finding that there was no persuasive evidence linking the Veteran's death to his military service.

The Board has decided to remand the case due to issues with the timing of the Veteran's NOD and the need for clarification on certain points in the November 2020 DBQ.

The Board has remanded the claims for service connection for tongue cancer, lung cancer, and lymph node cancer due to incomplete development of evidence. The Veteran's cancers are not among those for which presumptive service connection is available based on service in the Republic of Vietnam.

The Board granted an effective date of April 14, 2022 for the award of service connection for the cause of the Veteran's death due to herbicide agent exposure. The appellant filed her claim within one year of receiving her intent to file a claim and all elements of service connection were met on that date.

The Board has dismissed the appeals for increased ratings in several conditions due to the Veteran's death.

The Veteran's lung cancer surgery and treatment are rated under the General Rating Formula for Restrictive Lung Disease. However, a remand is required to complete pulmonary function testing as it was not performed in previous examinations.