Lung cancer Board decisions

The Board has decided to remand the case due to issues with the timing of the Veteran's NOD and the need for clarification on certain points in the November 2020 DBQ.

The Board has remanded the claims for service connection for tongue cancer, lung cancer, and lymph node cancer due to incomplete development of evidence. The Veteran's cancers are not among those for which presumptive service connection is available based on service in the Republic of Vietnam.

The Board granted an effective date of April 14, 2022 for the award of service connection for the cause of the Veteran's death due to herbicide agent exposure. The appellant filed her claim within one year of receiving her intent to file a claim and all elements of service connection were met on that date.

The Board has dismissed the appeals for increased ratings in several conditions due to the Veteran's death.

The Veteran's lung cancer surgery and treatment are rated under the General Rating Formula for Restrictive Lung Disease. However, a remand is required to complete pulmonary function testing as it was not performed in previous examinations.

The Veteran's lung cancer claim was granted, and the VA paid $1,416.00 for burial expenses. The Claimant is not a child of the Veteran and thus cannot receive additional compensation benefits.

The Veteran's claims for service connection for lung cancer and right lymph node cancer are being remanded due to new evidence received since the previous denial. The Board finds that there is potential exposure to non-ionizing radiation during service, but this does not meet the criteria for presumptive service connection.

The Board has determined that the Veteran's claims for lung cancer, lymph node cancer, and pancreatic cancer are remanded due to a duty to assist error. The VA will obtain an examination and medical opinion to address the etiology of these conditions.

The Board has granted service connection for the cause of death due to small cell lung cancer, which is considered a direct result of active military service. The claim related to VA treatment delay and carelessness in diagnosing and treating the Veteran's condition was denied under 38 U.S.C. § 1151.

The Board has granted service connection for lung cancer, finding that the Veteran's in-service exposure to contaminated water at Camp LeJeune is at least as likely as not related to his current condition.

The Veteran's lung cancer and COPD are granted service connection due to exposure to toxic substances in service. Hypertension is also granted service connection based on the same exposure. Service connection for sinusitis, acid reflux, constipation (IBS), and PTSD is denied.

The Board has determined that the VA did not obtain a new medical opinion prior to issuing the April 2020 rating decision on appeal, which constitutes a pre-decisional duty-to-assist error. The case is therefore being remanded for the VA to provide a medical opinion regarding the Veteran's cause of death and its relation to service.

The Board has determined that the VA did not obtain a new medical opinion prior to issuing the April 2020 rating decision on appeal, which constitutes a pre-decisional duty-to-assist error. The case is therefore being remanded for the VA to provide a medical opinion regarding the Veteran's cause of death and its relation to service.

The Board has determined that the VA did not obtain a new medical opinion prior to issuing the April 2020 rating decision on appeal, which constitutes a pre-decisional duty-to-assist error. The case is therefore being remanded for the VA to provide a medical opinion regarding the Veteran's cause of death and its relation to service.

The Board has granted a 60 percent disability rating for service-connected residuals of lung cancer, post left upper lobectomy with recurrent pulmonary emboli effective May 1, 2007. The Veteran's anticoagulant therapy began on that date and continues to the present.

Your claim for reimbursement of ambulance travel expenses has been approved and paid. The Board is dismissing the appeal as there are no further actions to be taken.

The Board has determined that the VA did not obtain a new medical opinion prior to issuing the April 2020 rating decision on appeal, which constitutes a pre-decisional duty-to-assist error. The case is therefore being remanded for the VA to provide a medical opinion regarding the Veteran's cause of death and its relation to service.

The Board has determined that the Veteran's claim for compensation pursuant to 38 U.S.C. § 1151 for lung cancer should be remanded due to a pre-decisional error in failing to obtain an adequate VA examination and medical opinion.

The Veteran's service connection claims for colon cancer and lung cancer have been denied as there is no evidence of a causal relationship between the cancers and his in-service exposures.,Both conditions were not shown to be related to any in-service exposure, including those involving nerve gases, riot agents, stimulants, or orange dye.

The Veteran's cause of death was lung cancer, which the Board found to be as likely as not attributable to toxic exposure during active-duty service at Camp Lejeune. The claim for service connection for cause of death is granted.