Lung cancer Board decisions

The Board found no evidence to support a finding that the veteran's lung cancer began in service or during the initial post-service year. The medical records do not show any connection between his service-connected conditions and his fatal lung cancer.

The Board denied the appellant's request for an effective date prior to August 21, 2000, for a grant of Dependency and Indemnity compensation benefits. The RO established the earliest effective date permitted under the law for the grant of DIC benefits in this case.

The veteran's death was caused by metastatic non-small cell lung cancer, which the VA Board of Veterans' Appeals (Board) determined was incurred during his military service. The Board found that while there is no evidence of herbicide exposure in service, the aggressive nature of the cancer suggests it may have begun growing during active duty.

The Board has determined that the veteran's service-connected PTSD contributed to his death due to colon and lung cancer, as he refused treatment for his cancers.

The Board denied the claim for DIC under 38 U.S.C.A. § 1151 as there was no evidence linking the veteran's death to service or VA treatment, and found that the cause of death (lung cancer) did not result from a disease incurred in or aggravated by service.

The Board found no evidence of a chronic pulmonary disease or carcinoma of the lung during service, and there is no competent evidence linking the veteran's fatal metastatic lung cancer to service. Therefore, the claim for service connection for the cause of death was denied.

The veteran's lung cancer is due to nicotine dependence and tobacco use during service, which the Board finds supports a grant of service connection.

The Board has determined that new and material evidence has been submitted to reopen the claim of service connection for the cause of the veteran's death. The appellant's lay opinion regarding the veteran's smoking history, along with medical statements linking the veteran's lung cancer to his smoking habits, is considered significant in deciding this case.

The veteran's lung cancer was initially diagnosed in April 2001. He filed a claim for service connection for lung cancer on December 20, 2001 and the claim was granted effective that date. The appellant is requesting an earlier effective date based on her husband's diagnosis of lung cancer in April 2001. However, as the veteran did not meet all eligibility criteria for a grant of service connection for lung cancer at the time the liberalizing law became effective (June 1994), the claim for an earlier effective date is denied.

The veteran's death was caused by his service-connected post traumatic encephalopathy with organic mood disorder, which contributed to the development of Alzheimer's disease. The lung cancer and renal cell carcinoma were also present but did not contribute substantially or materially to cause or hasten the veteran's death.

The Board found that the veteran's lung cancer, which caused his death, was not service-connected. Therefore, DIC benefits under 38 U.S.C.A. § 1318 were denied.

The appellant is seeking an earlier effective date for DIC benefits due to the veteran's death, which was granted based on exposure to ionizing radiation. The case must be remanded to obtain a revised dose assessment from DTRA and provide VCAA notification.

The Board found that the cause of death, non-small cell lung cancer, was not related to service-connected conditions or exposure to ionizing radiation during active duty service. The veteran's death is therefore not considered due to a service-connected disability.

The veteran's claims for service connection for glaucoma and lung cancer were denied. The pterygium of the left eye was found to be asymptomatic, while bilateral cataracts resulted in a severe contraction of visual field impairment.

The Board found that VA's treatment did not cause the veteran's death, and thus denied dependency and indemnity compensation benefits under 38 U.S.C.A. § 1151.

The Board has determined that the cause of the veteran's death was not related to any service-connected disability, and thus denied the claim for service connection for the cause of death.

The veteran's claim for compensation under 38 U.S.C.A. § 1151 was granted as of June 6, 2003, due to VA's failure to diagnose and treat his small cell lung cancer promptly.

The Board denied the veteran's claim for service connection for the cause of his death and also denied the claim for dependents' educational assistance benefits under Chapter 35, Title 38, United States Code.

The veteran's claim for an earlier effective date for the grant of service connection for lung cancer due to herbicide exposure was denied as there is no evidence of a pre-existing condition or disability prior to August 26, 1997.

The veteran's lung cancer was not found to be related to his service, including exposure to herbicides while serving on a ship off the coast of Vietnam. The claim for service connection is denied.