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976 vetted Board decisions
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 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 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.
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 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.
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 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 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 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 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 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 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 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.
The Board dismissed the appeal as there were no allegations of errors of fact or law regarding the service connection for cause of death. The effective dates for accrued special monthly compensation benefits have been denied.
The Veteran died of heart attack and lung cancer. The Board found no service connection for these conditions, as they were considered only for pension purposes. Therefore, the appeal is denied.
The Veteran's cause of death was due to acute hypoxic respiratory failure, lung cancer, and other conditions. The Board denied service connection for the cause of death as there was no evidence linking these conditions to his military service. For DIC benefits under 38 U.S.C. § 1318, the Veteran did not meet the criteria as he had never been rated totally disabled due to a service-connected disability.
The Board has remanded the claims for service connection for metastatic lung cancer and the cause of the Veteran's death due to inextricably intertwined issues. The appellant must be notified about her rights as a substitute or accrued benefits claimant, and the AOJ should make a substitution determination.
The Veteran's claim for a total disability rating based on individual unemployability due to service-connected disabilities is remanded as the current examinations do not reflect the effects of his service-connected conditions, particularly those related to lung cancer and shrapnel wounds. The VA must obtain updated medical opinions regarding these issues.
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