Lung cancer Board decisions

The veteran died during the appeal process, and as a result, the Board has no jurisdiction to adjudicate the merits of his claim.

The veteran's lung cancer and COPD due to asbestos exposure are currently rated at 30 percent, but the Board finds that these conditions do not warrant a higher rating.

The veteran's death was caused by lung cancer, which is presumed to be service-connected due to exposure in Vietnam. However, the appellant did not qualify as a surviving spouse for DIC benefits because her marriage to the veteran did not meet the required criteria. The claim for accrued benefits also failed as there were no unpaid VA compensation benefits at the time of the veteran's death.

The veteran's death was not caused by a service-connected disability, and the appellant is not entitled to DIC benefits under 38 U.S.C.A. § 1318 as she did not have actual entitlement to compensation at the time of her husband's death.

The Board has determined that the veteran's medical condition did not preclude transfer to a VA Medical Center for continuation of treatment, but due to an approximate balance of positive and negative evidence, the veteran may be granted payment of unauthorized medical expenses.

The Board found that the veteran's lung cancer is not related to his active service and denied both his claim for service connection for lung cancer and his request for a compensable evaluation for pleurisy. The veteran's pleurisy was previously granted as noncompensable, effective since May 1946.

The Board found that the veteran's COPD and lung cancer did not have a service origin, nor could they be presumed to have been caused by asbestos exposure during his naval service. The cause of death was determined to be COPD and lung cancer.

The veteran died of lung cancer, and the claim for DIC benefits under 38 U.S.C.A. § 1318 is denied as he was not service-connected for any disability at the time of his death.

The Board has determined that the required development of evidence regarding service connection for the cause of the veteran's death and Dependents' Educational Assistance Benefits has not been completed. The case is being remanded to allow for this development.

The Board found no evidence to support service connection for the cause of death, as lung cancer was not shown to be related to service. The veteran's death is attributed to cardiopulmonary arrest due to metastatic lung cancer.

The Board denied the appellant's claim for an earlier effective date for DIC benefits, finding that the correct effective date was June 9, 1999.

The veteran's lung cancer, status post left upper segmenectomy, emphysema and COPD were not incurred during service or related to active duty service. The Board denied the claim for service connection.

The Board denied service connection for the cause of the veteran's death, concluding that there was no clear and unmistakable error in their decision.

The Board found no new and material evidence to reopen the claim of service connection for the cause of the veteran's death, resulting in a denial. The appellant's daughter testified that the veteran may have had a stroke or his service-connected conditions might have contributed to his death, but these were not supported by medical evidence.

The Board denied the appellant's claim of service connection for cause of death, finding that there is no evidence showing a relationship between the veteran's lung cancer and his military service.

The October 2005 Board decision denied service connection for lung cancer due to lack of new and material evidence. The veteran's appeal was not timely filed.

The Board found no evidence that the lung cancer causing the veteran's death was related to his military service or any of his service-connected conditions.

The Board has remanded the case due to uncertainty regarding the veteran's exposure to asbestos during service, and a request for clarification is needed from the Navy Medical Liaison office at the National Personnel Records Center (NPRC).

The Board found that there is no medical evidence linking the veteran's lung cancer to his service, including exposure to herbicides. The Board also noted that the disease was not linked to a service-connected disability. Therefore, the cause of death was denied.

The Board found that the veteran's cause of death (lung cancer and bronchial asthma) was not caused or contributed substantially to by any service-connected disability. The appellant did not meet the requirements for nonservice-connected death pension benefits, nor did she timely file her claim within one year after the veteran's death.