The Board has remanded the case to obtain a dosage data and estimate for the veteran from the Defense Threat Reduction Agency, based on available methodologies. The USB will consider the claim with reference to specified factors and may request an advisory medical opinion if necessary.
The deciding factor: Radiogenic diseases such as skin and lung cancers can be service-connected under certain conditions, including exposure to ionizing radiation in service.
- Claimed conditions
- multiple skin lesions, Bowen's carcinoma, interstitial lung disease
- How they argued it
- Presumptive (no nexus needed)
- Exposure basis
- Burn pits / airborne hazards
- Rating assigned
- None in this decision
- Decision date
- June 18, 2004
- Citation
- 0415823
Veterans Law Judge
Decisions by this judge: 2,421 · Granted: 29% (granted or partly granted, in the vetted decisions on this site)
Judge attribution: 2025 complete; earlier years partial.
This is a plain-language summary generated by AI from a public Board of Veterans’ Appeals decision. It can contain errors — always verify against the original. Look up the original decision on VA.gov (opens in a new tab) using citation 0415823.
What this means for you
A remand is not a loss. The Board sent the case back for more development — often a new exam or missing records — before making a final decision. Many remands later end in a grant, and the decision spells out exactly what the Board wanted to see.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Remanded (sent back)
The Veteran's claims for earlier effective dates and increased ratings are being remanded due to the need for further review of the evidence. The Board is unable to determine if there was a factual increase in disability prior to the effective dates requested, or if service connection should be granted based on the current evidence.
- Granted
The Veteran is granted special monthly compensation (SMC) at the (o) rate and SMC(r)(1) rate effective May 13, 2024. The decision is based on his service-connected PTSD and other disabilities that require aid and attendance.
- Granted
The Veteran is granted special monthly compensation (SMC) at the (o) rate and SMC(r)(1) rate effective May 13, 2024. The decision is based on his service-connected PTSD and other disabilities that require aid and attendance.
- Remanded (sent back)
The Board has decided to remand the case due to duty-to-assist errors, including obtaining signed consent forms and an adequate medical opinion regarding the Veteran's lung complications.
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