Lung cancer — all decisions

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.

The Board found that the veteran's death was not caused by his service-connected condition (spontaneous pneumothoraces), and thus denied the claim for service connection for the cause of the veteran's death.

The Board has granted DIC benefits based on service connection for the cause of the veteran's death, which was due to lung cancer linked to Agent Orange exposure. The effective date is set at May 24, 2001.

The Board has granted service connection for postoperative residuals of lung cancer but denied a compensable disability rating, resulting in a denial.

The Board granted DIC based on the presumption of service connection for lung cancer, which was found to have become manifest within thirty years after the veteran's herbicide exposure. The effective date is set at June 1, 2001, the first day of the month in which the veteran died.

The Board has granted service connection for PTSD and lung cancer due to asbestos exposure. The rating assigned will be determined after further development.

The VA determined that the veteran's service-connected status post right upper lobectomy with history of lung cancer secondary to asbestos exposure warranted a 10 percent disability rating, based on current pulmonary function test results showing mild to moderate restrictive changes.

The Board denied the claim for service connection for the cause of the veteran's death due to lung cancer, finding that it was not incurred or aggravated by service and there is no evidence linking it to any period of active duty.

The Board has determined that the veteran's metastatic lung cancer, which was caused by his service-connected PTSD and tobacco use, qualifies for service connection as a result of the aggravation of a pre-existing condition.

The Board has determined that the veteran's lung cancer, presumed to have been incurred in service, was the cause of his death. As a result, service connection for the cause of the veteran's death is granted.

The Board has remanded the case for further development of the veteran's exposure to asbestos and his employment history, as well as for a VA examination to determine the nature and etiology of his back disorder and lung cancer.

The Board has remanded the case to the RO for additional development, including obtaining information about asbestos exposure during military service and arranging for a medical opinion regarding the cause of death.

The Board has remanded the case for further development and consideration of claims for service connection based on Agent Orange exposure and asbestos exposure, including obtaining additional medical opinions.

The veteran's lung cancer is presumed to be due to herbicide exposure during service. The low back and cardiac conditions are not related to service, while PTSD warrants a 70% evaluation effective August 5, 2002.