Lung cancer — all decisions

The veteran's fatal lung cancer is deemed service-connected on a secondary basis due to his service-connected psychiatric disorder, which played a significant role in his smoking and death. The veteran's widow is therefore entitled to Dependency and Indemnity Compensation (DIC).

The Board denied the appellant's request for an earlier effective date for DIC because her claim was not filed until May 12, 1989, and she did not appeal the denial of service connection for the cause of the veteran's death in November 1984.

The Board has granted service connection for tinnitus, finding that it is at least as likely as not related to the veteran's military service.

The veteran's surgery resulted in certain and foreseeable complications such as deformity of the chest wall, chronic pain, scoliosis, and loss of function due to pain. With resolution of reasonable doubt in her favor, she is entitled to compensation under 38 U.S.C.A. § 1151.

The Board found that the veteran's lung and prostate cancer were not incurred in service, aggravated by service or manifested to a degree of 10 percent within one year from service. The cancers are not presumed to have been so incurred due to lack of involvement in radiation-risk activities during his period of service.

The Board has dismissed the appeal because the veteran died during the pendency of the appeal and thus no longer has a surviving person to represent them.

The Board has determined that the veteran did not file a timely substantive appeal for his claims of service connection for lung and skin cancers, as well as for a total and permanent rating for pension purposes. As such, these issues are dismissed.

The VA has denied the veteran's claim for an initial compensable rating for his lung cancer, which is in remission and without residuals.

The Board denied service connection for infectious hepatitis and the cause of death due to lung cancer, finding that there was no evidence linking these conditions to service.

The veteran's claims for effective dates prior to January 1, 2002 for service connection of lung cancer and lymphangitic metastasis associated with lung cancer are granted. The effective date is set as the first day of the month following the claim.

The Board has determined that the veteran's cause of death was not service-connected, and thus denied the appellant's claim for service-connected burial benefits.

The Board denied service connection for lung cancer and pulmonary tuberculosis, finding that the veteran's death was not caused by these conditions.

The Board found that the veteran's service-connected disabilities did not contribute substantially or materially to his cause of death, which was non-small cell lung cancer.

The Board denied service connection for the cause of death and dependency and indemnity compensation benefits under 38 U.S.C.A. § 1318 due to lack of evidence linking the veteran's death to his service-connected disabilities or any other condition.

The Board found that the cause of the veteran's death, lung cancer, was not incurred or aggravated during his military service and denied the claim for service connection.

The Board has determined that the veteran's psychiatric illness, which was diagnosed during service and possibly aggravated by service-related incidents, contributed to his death from metastatic lung cancer. The claim is granted.

The Board has ordered further development in the veteran's case, including obtaining medical records and an autopsy report. The appeal is being remanded to the RO for these actions.

The Board found no evidence to support the claim that service-connected disabilities caused or contributed to the veteran's death, and thus denied the claim for service connection for cause of death.

The veteran's death was due to metastatic lung cancer, which is service-connected. However, the use of tobacco products during service is prohibited for service connection under 38 U.S.C.A. § 1103. Therefore, the claim for service connection for the cause of the veteran's death is denied.

The Board found that the veteran's service-connected sinusitis did not cause or contribute substantially to his lung cancer, which was diagnosed after service. The Board denied the claim for service connection for the cause of death.