Lung cancer Board decisions

The Veteran's death was caused by perforated duodenum, respiratory failure, lung cancer, black lung, and diabetes. The appeal is remanded to obtain additional medical records.

The Board found that the cause of death, refractory non-small cell lung cancer, was not incurred in or aggravated by active service due to lack of evidence linking it to service exposure.

The Veteran's cause of death, lung cancer, is not considered to be related to his military service or any service-connected disability.

The Veteran's service-connected lung cancer residuals, status post right lung lobectomy, are not shown to have current active pathology. The Veteran's current respiratory symptoms are attributed to nonservice-connected chronic obstructive pulmonary disease (COPD). Therefore, an initial compensable rating is denied.

The Veteran's appeal was dismissed due to the death of the appellant.

The Veteran's claim for service connection for lung cancer, including as secondary to Agent Orange exposure, is being remanded due to the need for further development and consideration of new procedures.

The Board has granted service connection for the cause of the Veteran's death due to metastatic squamous cell carcinoma of the maxillary sinus and hard palate, which is presumed to be related to in-service herbicide exposure. The claim for accrued benefits purposes remains pending as a remand is required.

The Board has determined that the Veteran served on a ship operating in Vietnam's inland waters, presumptively exposing him to herbicides. The cause of death was attributed to respiratory failure due to lung cancer. However, it is unclear whether the lung cancer originated in his lungs or metastasized from another site. A medical opinion is needed to determine if the Veteran's fatal cancer is directly related to service and Agent Orange exposure.

The Board found no evidence of service connection for any disability, and thus could not establish service connection for the cause of death due to lung cancer.

The Board has remanded the case due to insufficient evidence regarding the Veteran's exposure to herbicides in Vietnam, and requests that VA obtain records from his unit to determine if he had duty on the ground in Vietnam.

The Board has remanded the case for further development, including obtaining additional medical opinions and records. The appellant's claim will be reconsidered based on the new evidence.

The Veteran's cause of death was due to non-small cell lung cancer, which he had service-connected prior to his death. The Board found that the presumption of exposure to Agent Orange did not apply as there is no evidence of land-based service in Vietnam.

The Board found that the Veteran's COPD is not service-connected and denied his claim for an initial (compensable) rating for residuals of lung cancer with lobectomy, history of bronchopleural fistula and pneumothorax. The case is now remanded to obtain additional medical opinions regarding the severity of the Veteran's service-connected condition.

The Veteran's claim for accrued benefits was denied as there were no unpaid periodic monetary benefits at the time of his death. The appellant is not entitled to these benefits.

The Board has remanded the case for a VA internist to provide an opinion on whether the cause of the Veteran's death was related to service, including due to in-service exposure to asbestos. The appellant's representative argued that PTSD aggravated the Veteran's disability and contributed to his death.

The Board granted service connection for lung cancer on a presumptive basis as secondary to in-service ionizing radiation exposure, finding that the Veteran was considered a radiation-exposed veteran and that lung cancer is recognized by VA as being a disease specific to radiation-exposed veterans.

The Veteran is granted a total disability rating for compensation purposes based on individual unemployability as of August 1, 2005. His service-connected disabilities prevent him from securing and following substantially gainful employment.

The Veteran's adenocarcinoma, status-post left upper lobectomy, was not found to be related to his service or to herbicide exposure in Vietnam. The Board determined that the Veteran did not have qualifying service in Vietnam and thus could not claim presumptive service connection based on Agent Orange exposure.

The Veteran's lung cancer and multiple myeloma are presumed to have been incurred as a result of Agent Orange exposure during his active service in the Republic of Vietnam, for accrued benefits purposes. Service connection is granted for these conditions.

The Veteran's claims for increased ratings and service connection were granted, but the effective dates of these decisions are not specified. The Veteran was also denied new and material evidence claims.