Lung cancer Board decisions

The Board has denied the claims for service connection for nicotine dependence and lung cancer due to tobacco use in service, finding that there is no competent evidence of current nicotine dependence or a link between tobacco use in service and the development of lung cancer.

The Board determined that the veteran's death was not due to a service-connected disability and therefore denied the appellant's claim for Dependency and Indemnity Compensation (DIC) benefits. The appellant also failed to establish eligibility for Survivors' and Dependents' Educational Assistance (DEA) benefits.

The Board granted an earlier effective date of January 27, 1986 for the award of DIC due to Agent Orange exposure.

The Board has granted an earlier effective date of August 8, 1985 for the award of DIC based on the appellant's claim being filed within a year after her husband's death and the subsequent change in regulations regarding Agent Orange exposure.

The Board has determined that the veteran's lung cancer, lungs disease and asthma are not related to his in-service tobacco use or nicotine dependence. The claim is denied.

The Board found that the veteran's claim for service connection for tuberculosis is not well-grounded due to a lack of evidence of current active tuberculosis. The lung cancer claim was granted as it was determined to be related to asbestos exposure during service.

The Board denied the claim as there was no evidence linking the cause of death to service or any applicable presumptive period.

The Board has determined that the veteran's service-connected pulmonary tuberculosis did not contribute to his death, and thus denied the claim for service connection for the cause of the veteran's death.

The VA denied the claim of service connection for cause of death due to lack of evidence supporting a link between the veteran's small cell lung cancer and his military service, including any potential asbestos exposure.

The veteran did not have a pending claim for service connection at the time of his death, and therefore there is no legal entitlement to accrued benefits.

The Board denied the claim for service connection for the cause of the veteran's death as not well grounded, due to lack of competent medical evidence linking lung cancer to active service or a service-connected disability.

The Board has determined that the veteran's death was due to leiomyosarcoma, which is presumed to have been incurred during his military service. As a result, the claim for service connection for the cause of the veteran's death is granted.

The veteran's claim for an earlier effective date for service connection of primary lung cancer, status post left pneumonectomy and thoracotomy was denied as the earliest effective date assignable is May 29, 1997.

The veteran was granted special monthly compensation based on the need for aid and attendance effective from December 8, 1996. The appellant submitted an application for accrued benefits within one year of the veteran's death.

The veteran died of lung cancer, which is not service-connected due to lack of evidence showing it was incurred or aggravated prior to August 13, 1981. The claim for benefits under the Restored Entitlement Program for Survivors is denied.

The Board denied the veteran's claims for service connection for lung cancer and dependency and indemnity compensation (DIC) under 38 U.S.C.A. § 1318, finding that there was no competent medical evidence to support the claim of nicotine dependence or tobacco use in service causing his death.

The Board has determined that the veteran's death was not caused by his service-connected disabilities, and thus denied the claim for service connection for the cause of death.

The veteran's appeal on the issue of a rating in excess of 30 percent for lung cancer has been dismissed due to his death.

The Board has determined that there is no evidence to support the claim of service connection for the cause of the veteran's death, as the lung cancer was not caused by any service-connected condition.

The Board denied the claim of service connection for the cause of the veteran's death due to lung cancer as a direct result of tobacco use in service or nicotine dependence that began in military service, finding no medical evidence showing the veteran became nicotine dependent during service or that smoking during service was the proximate cause of his smoking-related illness.