Lung cancer Board decisions

The Board found that the Veteran's lung cancer and asbestosis were not incurred or aggravated by service, including exposure to asbestos. The evidence did not support a finding of direct service connection.

The Board has determined that the reduction of the Veteran's disability rating from 100% to 30% for right upper lung lobectomy status post lung cancer with COPD was proper. The current effective date is December 1, 2009. The Veteran does not meet the criteria for a higher than 30% evaluation for his residual scar.

The Board has determined that an effective date of April 21, 2001 is granted for the grant of service connection for the cause of the Veteran's death.

The Veteran's claim for service connection for lung cancer, which he claims is related to his military service and exposure to herbicide agents in Korea, has been remanded due to the need to determine if he served in a unit that operated near the Korean DMZ where herbicides were applied.

The Board found that lung cancer was not incurred in or aggravated by service, and may not be presumed to have been incurred during service.

The Veteran's appeal for service connection for lung cancer has been dismissed due to his death.

The Board has determined that the Veteran's service-connected schizophrenia contributed substantially or materially to his death from lung cancer, and thus grants service connection for the cause of the Veteran's death.

The Veteran's death is being reviewed for potential service connection, but the VA has not determined if he was exposed to asbestos during his military service. The case is being remanded to gather this information and provide a medical opinion on whether any asbestos exposure played a role in his death.

The Board found that the Veteran's squamous cell lung cancer and polycythemia were not incurred in or aggravated by his active duty service, nor are they otherwise related to service.

The Board denied the appellant's claims for service connection for lung cancer and compensation under 38 U.S.C.A. § 1151 for amputation of fingers and a seizure disorder, finding that there was no evidence to support the claim.,The appellant argued that his conditions were related to VA treatment or exposure, but the Board found insufficient evidence to establish fault on the part of VA.

The Board has determined that the Veteran's lung cancer pre-existed service and was not aggravated by service, thus denying service connection for lung cancer as due to exposure to asbestos during service.

The Veteran's cause of death was not due to a service-connected disability, as his lung cancer is not presumed to be related to exposure to Agent Orange during his service in Korea.

The Veteran's TDIU claim is being remanded for additional development, including obtaining VA treatment records and a medical opinion regarding the impact of his service-connected conditions on his employability.

The Veteran's death was not caused by a service-connected condition, and therefore, the claim for dependency and indemnity compensation based on cause of death is denied. However, as he had a combined rating of 70% due to service-connected disabilities at the time of his death, he may still be eligible for DIC benefits under certain circumstances.

The Board denied the appellant's claim to reopen her service connection for cause of death, finding that new and material evidence was not submitted. The Veteran died from lung cancer but there is no evidence showing he was exposed to ionizing radiation in Japan or otherwise related his death to service.

The Board denied the claim for service connection for the cause of the Veteran's death, finding that there was no clear and unmistakable error in the previous decision.

The Veteran's appeal is remanded for further development, including scheduling VA examinations and obtaining medical records.

The Board found that the service-connected left lower chest shell fragment wound did not cause or contribute to the Veteran's death from end stage lung cancer. The VA physician concluded that tobacco use was more likely the cause of the lung cancer.

The Board found that the Veteran's death was not caused by VA negligence or error, and thus denied service connection for cause of death.

The Board has determined that the Veteran's death was caused by non-small cell lung cancer, which is linked to his service exposure to asbestos. The Board finds that this exposure contributed to his death and grants service connection for the cause of his death.