Lung cancer Board decisions

The Veteran's appeal is being remanded to obtain additional medical records and schedule a VA examination. The issues are whether he has tuberculosis and lung cancer, both of which may be related to service.

The Veteran's claim for an increased evaluation for residuals of lung cancer was denied by the Board, and the RO granted a 100 percent disability rating effective July 7, 2010. The case is being remanded to consider additional evidence.

The Veteran's lung cancer was not incurred or presumed to have been incurred in service, and the Board found that he did not meet the criteria for presumptive exposure to herbicides. As a result, his claim of entitlement to service connection for lung cancer due to Agent Orange exposure is denied.

The reduction of the assigned disability rating for lung cancer from 100 percent to 0 percent, effective December 1, 2010, was proper. The Veteran's lung cancer had been in remission and there were no active symptoms or complications related to his service-connected condition.

The Board has decided to remand the Veteran's claims for additional development due to incomplete evidence and need for further examination. The hearing loss claim will be evaluated based on in-service noise exposure, while the lung cancer claim will require verification of herbicide exposure at a specific base.

The Veteran died of lung cancer due to pneumonia. The cause of death is not service-connected, and the appellant does not meet the requirements for DIC benefits under 38 U.S.C.A. § 1318 or accrued benefits.

The Board has determined that a VA medical opinion is needed to assess the likelihood of asbestos exposure contributing to the Veteran's death from lung cancer.

The Veteran's cause of death was listed as liver cancer, but the Board found that it is more likely than not that he died from metastasizing small cell lung cancer. The service-connected malaria and quinine use did not contribute to his death.

The Veteran's lung cancer residuals did not meet the criteria for a rating in excess of 10 percent prior to May 21, 2012 or a rating in excess of 30 percent from that date. The current ratings are therefore denied.

The Board found that there was no in-service lung disease or injury, and thus service connection for the cause of death could not be established.

The Board has determined that additional development is needed to determine the cause of the Veteran's death and whether service connection can be established for rectal cancer, lung cancer, or both. The case will be remanded for further action.

The Board has determined that there is a need to obtain additional evidence and verify the Veteran's service in Vietnam, as well as review his VA treatment records. The appeal will be remanded for these actions.

The Board found that the Veteran's death from metastatic lung cancer was not caused by VA's failure to diagnose and treat his condition earlier, as the evidence did not show such a causal connection.

The Board has remanded the case for additional development to determine if in-service asbestos exposure contributed to the Veteran's death and whether it was a preponderant cause of his terminal lung cancer.

The Board found no evidence to support a connection between the Veteran's service-connected GSW residuals and his death, nor did it find any nexus between non-service-connected conditions (lung cancer, hypertension, diabetes, chronic obstructive lung disease) and service. The cause of death was attributed to lung cancer with underlying causes of hypertension, diabetes, and chronic obstructive lung disease.

The Board has determined that the Veteran's lung cancer, which resulted from asbestos exposure during service, meets the criteria for service connection and is granted for accrued benefits purposes.

The Veteran's death was not due to a service-connected disability rated totally disabling for at least eight years immediately preceding his death, so the appellant is not entitled to additional DIC benefits.

The Board has found that new and material evidence has been submitted to reopen the claim of service connection for cause of death. The Veteran is presumed to have set foot in Vietnam during his service, which entitles him to presumptive exposure to herbicides. As a result, lung cancer, an established disease associated with such exposure, is considered as contributing to the Veteran's death and thus service connection for the cause of death is granted.

The Veteran's lung cancer was not related to his active duty service and there is no evidence of herbicide exposure. Service connection for lung cancer is denied.

The Board has remanded the case for additional development, including obtaining medical records and a VA opinion regarding whether any service-connected disability caused or contributed to the Veteran's death.