Lung cancer Board decisions

The Board has reopened the claim of service connection for lung cancer due to exposure to ionizing radiation, but further examination is required before a decision can be made.

The veteran's lung cancer, emphysema, and asbestosis were all service-connected. However, the service-connected conditions did not cause his death.

The Board denied the claim for service connection for the cause of the veteran's death due to lack of evidence showing that lung cancer was caused by or related to his service-connected disabilities.

The Board has granted an effective date of July 5, 1996 for the grant of service connection for residuals of lung cancer and a rating of 10 percent for status post rhinoplasty with bone graft.

The veteran's eligibility for specially adapted housing was established, but the grant was not approved prior to his death. The veteran's application for VMLI had not been approved prior to his death.

The veteran's claim for an increased evaluation of his service-connected post-operative lung cancer is being remanded due to the need for additional medical records and a comprehensive VA examination.

The Board has determined that the veteran did not serve in Vietnam and therefore cannot establish service connection for his death as a result of exposure to herbicides. The cause of death, lung cancer, is not presumed due to herbicide exposure or any other condition.

The veteran's claim for service connection for lung cancer, asbestosis, and emphysema due to exposure to asbestos while in the military is remanded. The RO should consider whether new evidence has reopened his claims and then decide on the merits of those reopened claims.

The veteran's death was not caused by a service-connected disability, and the appellant is not eligible for DIC benefits under § 1318.

The Board denied service connection for the cause of the veteran's death, finding that lung cancer and rheumatic heart disease were not related to his military service.

The veteran's death was caused by lung cancer, which is presumed to be related to his service-connected prostate cancer. The appellant is eligible for Dependents' Educational Assistance.

The Board has determined that the veteran's lung cancer, which caused his death in June 1996, was present within the presumptive period after his last exposure to herbicides in Vietnam. The claim for service connection for the cause of the veteran's death is therefore granted.

The veteran's cause of death was listed as lung cancer, which the appellant claimed was caused by his service-connected anxiety disorder. However, the Board found that there is no evidence to support a link between the veteran's service and his lung cancer, nor does the law allow for service connection in this case due to the prohibition on compensation for diseases or deaths resulting from tobacco use.

The Board has determined that new and material evidence has not been presented to reopen the claim for service connection for the cause of the veteran's death. The appellant is seeking to have her claim reopened based on newly submitted evidence, but the RO did not provide any relevant medical records from the Houston VAMC.

The veteran's claim for an earlier effective date for service connection for lung cancer and metastases of lung cancer was denied as the claim was filed after the regulatory change allowing for presumptive service connection based on Agent Orange exposure.

The Board denied the appellant's claim for basic eligibility for VA death benefits because her deceased husband did not have active military service in the United States Armed Forces.

The Board found that the veteran's death was not caused by his service-connected discoid lupus erythematous, and thus denied the claim for service connection for the cause of the veteran's death.

The Board has determined that the preponderance of evidence is against the appellant's claim, as lung cancer was not present in service or within a year after service. The VA physician concluded it was unlikely that the veteran's skin cancers metastasized to his lung cancer, and thus service connection for the cause of death is denied.

The Board found that the veteran's lung disabilities, including chronic obstructive pulmonary disease, lung cancer, and emphysema, were not service-connected. The cause of death was attributed to these conditions rather than a service-connected disability. Service connection for radiation exposure or asbestos exposure could not be established due to lack of evidence.

The veteran's death was due to lung cancer, which is a respiratory cancer that can be presumed to have been caused by exposure to herbicide agents like Agent Orange. The effective date for dependency and indemnity compensation is set at December 29, 1988, the date of her original claim.