Lung cancer — all decisions

The Board is considering whether new and material evidence has been submitted to reopen the veteran's claim for service connection for lung cancer, which was previously denied in February 1998. The decision is pending as it involves a determination of whether the original denial should be reopened based on newly submitted evidence.

The Board has decided to remand the case for further development, including obtaining service personnel records and verifying the veteran's duty assignments in Korea. The appellant must provide a marriage certificate or other proof of her marriage to the veteran.

The Board has received notification from the appellant that they wish to withdraw their appeal, and thus the appeal is dismissed.

The Board has granted an earlier effective date of February 22, 2000 for the grant of service connection for lung cancer for purposes of accrued benefits. The veteran's initial claim was received on February 22, 2001, and he had previously been granted presumptive service connection based on herbicide exposure.

The Board found that the veteran's lung cancer was not related to asbestos exposure in service, but rather due to his extensive history of smoking. The claim for service connection was denied.

The veteran's appeal is remanded due to the need for additional development, including obtaining updated VA and private medical records, arranging for a new VA psychiatric examination, and issuing a supplemental statement of the case regarding his increased rating claim.

The Board has determined that the veteran's coronary artery disease was incurred during his active duty service in Southwest Asia, and therefore grants service connection for this condition.

The Board has remanded the case for additional development due to issues related to service connection and rating of bronchial asthma.

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

The Board found that the veteran's asbestos exposure in service led to his fatal lung cancer, which caused his death. Therefore, he is entitled to DIC benefits.

The Board denied the veteran's claim for an earlier effective date for service connection of lung cancer due to herbicide exposure, finding that the earliest possible effective date was September 29, 1996.

The Board denied the reopening of the claim for service connection for the cause of the veteran's death due to lack of new and material evidence, as the claim is subject to a statute that prohibits granting service connection based on tobacco use during service.

The Board is remanding the case to determine if the veteran served in Vietnam during the Vietnam Era, which could affect his claim for service connection for the cause of death due to exposure to Agent Orange.

The Board has decided that service connection for the cause of the veteran's death may be granted based on new evidence, but not all issues were resolved in favor of the appellant.

The Board denied the veteran's claims for service connection for small cell lung cancer with metastasis, accrued benefits, and dependents' educational assistance due to lack of evidence supporting these claims.

The Board has remanded the case due to incomplete records and further development is required before a decision can be made.

The Board denied the appellant's claim for an earlier effective date for service connection of lung cancer as a result of Agent Orange exposure, finding that the veteran did not have evidence showing his lung cancer was incurred due to Agent Orange exposure and that the liberalizing law removing the 30-year limitation for presumptive service connection had already taken effect at the time of his death.

The Board found that the veteran's death was not caused by VA medical treatment and denied DIC benefits under 38 U.S.C.A. § 1151.

The Board has determined that the veteran's non-small cell lung cancer is related to his exposure to herbicides during service, specifically identified as 'MONURON and 2-4-D' in Korea. The claim was granted.

The Board found new and material evidence sufficient to reopen the claim of service connection for the cause of the veteran's death, and concluded that it is at least as likely as not that the cause of death was related to military service. The Board also noted that the appellant's claim is subject to a prohibition on service connection due to tobacco use attributable to the in-service use of tobacco products.