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956 vetted Board decisions
The Veteran's lung cancer, including lung cancer with COPD, is granted for accrued benefits purposes. The cause of the Veteran's death was also granted due to his service-connected lung cancer.
The Veteran's cause of death was listed as lung cancer, with scleroderma and tobacco use also contributing to his death. The Board found that the Veteran's lung cancer and scleroderma were not related to his service at Camp Lejeune due to lack of evidence and conflicting medical opinions.
The Veteran's claim for service connection for coronary artery disease was granted with an effective date of July 30, 2012.,The Veteran's claim for service connection for lung cancer was granted with an effective date of June 21, 2012.
The Veteran's Parkinson's disease claim is denied as there is no evidence of a current diagnosis prior to his death.,The Veteran's lung cancer claim is granted as it is presumed related to herbicide exposure during service.,The cause of the Veteran's death, metastatic small cell lung cancer, is found to be service-connected.
The Veteran's claims for a compensable evaluation for non-small cell lung cancer and an evaluation in excess of 20 percent disabling for service-connected diabetes mellitus, type II are being remanded due to the need for additional development.
The Board denied the claim for service connection for the cause of the Veteran's death, finding that there was no evidence linking his causes of death to his military service or presumed herbicide exposure.
The Board has remanded the claims of service connection for lung cancer, type 2 diabetes mellitus, sleep disorder, and an acquired psychiatric disorder due to insufficient evidence. The Veteran is not entitled to presumptive service connection based on ionizing radiation exposure.
The Veteran's claims for service connection for diabetes mellitus, ischemic heart disease, and lung cancer were denied as there was no evidence of in-service exposure to herbicides or other causative factors.
Service connection for gastrointestinal disability is granted.,Service connection for PTSD, lung cancer, left leg condition, right leg condition, and right arm condition are denied.
The Board has remanded the claims of service connection for lung cancer and cause of death due to lung cancer as they are inextricably intertwined, and a medical opinion is needed regarding the etiology of the Veteran's lung cancer.
The Veteran's lung cancer and shoulder conditions are remanded for further development, including obtaining records of possible herbicide exposure during service. The PTSD claim is also remanded for a more contemporaneous examination.
The Board has determined that the Veteran's lung cancer is as likely as not related to his exposure to contaminated water at Camp Lejeune, and thus service connection for lung cancer is granted.
The Board denied the appellant's claim for an earlier effective date for DEA benefits and the cause of the Veteran’s death, stating that the award was based on the Veteran's death from a service-connected disability and cannot predate the date of his death.
The Board has remanded the case due to uncertainty about whether the Veteran served in the 12 nautical mile territorial sea of the Republic of Vietnam, which could affect his eligibility for presumptive service connection for lung cancer.
The Veteran's service-connected disabilities, including metastatic bilateral lung cancer and brain tumor with focal motor and focal sensory seizure disorder, have rendered him unable to work. Effective June 5, 2015, his service-connected status-post radical prostatectomy is rated at 100 percent for renal dysfunction.
The Board has decided to remand the Veteran's TDIU claim due to pending reduction and discontinuance of his service-connected lung cancer disability rating and SMC benefits. The AOJ will need to complete this development before further action can be taken on the TDIU claim.
The Veteran's lung cancer, PTSD, and residual scars are service-connected. However, the Board finds that he does not meet the criteria for a special home adaptation grant due to lack of an inhalation injury.
The Board denied service connection for lung cancer and kidney failure, as the Veteran did not have a current diagnosis of these conditions at any point during the pendency of his claim. The Board also denied entitlement to increased SMC rates under 38 U.S.C. § 1114(r)(1) and/or 38 U.S.C. § 1114(r)(2), as he was not in need of regular aid and attendance or a higher level of care.
The Board has remanded the cases due to insufficient opinions regarding the etiology of the Veteran's lung, spine and femur cancers. The cases are also remanded for consideration of TDIU as they are inextricably intertwined with the service connection issues.
The Board has determined that the propriety of reducing the disability rating for service-connected lung cancer from 100% to 30% is in dispute and requires further review.
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