Lung cancer Board decisions

The Board determined that the veteran's cause of death (chronic obstructive pulmonary disease, T/C Koch's infection, and probable lung cancer) was not service-connected. The appellant is also denied basic eligibility for VA non-service connected death pension benefits due to lack of qualifying service.

The veteran's claims for Specially Adapted Housing and/or Special Home Adaptation Grant, earlier effective dates for service connection and special monthly compensation were denied. The veteran died on December [redacted], 2001.

The Board has determined that additional evidence is needed to substantiate the veteran's death claim and Dependency and Indemnity Compensation (DIC) claim, including medical records and information regarding the duration of his captivity as a prisoner of war. The AMC/RO will obtain these records and provide the appellant with another opportunity to respond.

The claim for service connection for the cause of the veteran's death is being remanded due to incomplete medical records and a need to obtain additional information from the appellant.

The Board has granted an effective date of November 28, 1986 for the award of service connection for lung cancer due to Agent Orange exposure.

The veteran withdrew her appeal for lung cancer with scars and nodules on the lungs, as secondary to mustard gas exposure. The VA has fulfilled its duty to assist in obtaining evidence necessary to substantiate the claim for residuals of mustard gas exposure, including tuberculosis; pain and weakness in the arms, back and legs; loss of balance; loss of appetite and difficulty swallowing; and bleeding gums and an oral rash. However, there is no evidence of mustard gas exposure or a current diagnosis of these conditions.

The Board has determined that the cause of the veteran's death was not caused or contributed to by any disability incurred or aggravated during his military service, and thus denied the claim for service connection.

The veteran's current lung cancer with bone metastasis was caused in part by, and cannot be reasonably disassociated from, his inservice asbestos exposure. The Board finds that the veteran's condition can not be dissociated from his service-connected asbestos exposure.

The Board has granted an earlier effective date of March 17, 1992 for the grant of service connection for lung cancer and special monthly compensation based on housebound criteria. The veteran's lung cancer is presumed to be related to exposure to Agent Orange in service.

The Board denied the veteran's claims for service connection for the cause of his death and basic eligibility for Dependents' Educational Assistance under Chapter 35, Title 38, United States Code.

The Board denied the appellant's claims for service connection for the cause of her husband's death and DIC under 38 U.S.C.A. § 1151, finding that there was no evidence to support a link between any service-connected condition and his death.

The Board has determined that the appellant's claim for service connection for the cause of her husband's death due to exposure to Agent Orange was received shortly after his death and denied between September 25, 1985 and June 9, 1994. The effective date of the award is set at February 1, 1984.

The Board found no evidence of lung cancer or tuberculosis in service, and the conflicting medical opinions do not establish a direct link between the cause of death (lung cancer) and service. The claim is denied.

The veteran's lung cancer is being reviewed for service connection due to exposure to herbicides or asbestos. The RO requested verification of the veteran's in-country service, but has not yet obtained the necessary records. Further development including obtaining service personnel records and treatment records is needed.

The Board has remanded the case for further development and readjudication due to a need for an Independent Medical Expert's opinion.

The appeal is being remanded to the VAMC for further action, including issuance of a statement of the case regarding reimbursement of medical expenses incurred by the veteran at Good Samaritan Medical Center during treatment from July 22 to July 27, 2000.

The Board has remanded the case for further development, including a medical opinion regarding the cause of death and whether PTSD contributed to it.

The Board denied the veteran's claims for service connection for PTSD and lung cancer, finding that there was no credible supporting evidence of in-service stressors or a diagnosis of PTSD. The claim for DIC benefits based on the cause of death due to lung cancer is also denied.

The Board has determined that the cause of the veteran's death, acute peritonitis due to a perforated colon, was not caused or contributed by any service-connected condition. The claim for service connection for the cause of the veteran's death is denied.

The veteran's combined service-connected rating is 60 percent, which does not meet the requirements for a TDIU based on schedular criteria. The Board finds that his service-connected disabilities do not preclude him from engaging in substantially gainful employment.