The case is being remanded to the RO for a recalculated dose estimate of ionizing radiation exposure and a new medical opinion regarding its potential impact on the veteran's lung cancer. The claim will then be reviewed again.
The deciding factor: There was insufficient evidence provided by the DRTA using the old methodology, necessitating a recalculated dose estimate with the revised methodology in effect since May 8, 2003.
- Claimed conditions
- cause of death: lung cancer
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- September 13, 2005
- Citation
- 0524853
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 0524853.
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.
- Denied
The Board denied an earlier effective date for the grant of service connection for cause of death due to lung cancer, finding that the appellant did not meet the requirements under Nehmer stipulations and that the award was based on a liberalizing law.
- Denied
The veteran's cause of death was not granted an effective date prior to January 31, 2002 due to the lack of a valid claim for service connection for the cause of death within one year from his death in 1984.
- Denied
The Board denied the claim for an earlier effective date for dependency and indemnity compensation benefits, finding that the application was received more than a year after the veteran's death.
- Denied
The Board denied the veteran's claims for increased ratings for his service-connected lumbar myositis, psychoneurosis and conversion hysteria, residuals of shrapnel wounds of the left thigh and pelvis with retained foreign bodies and scars, and residuals of shell fragment wounds of the right thigh and left leg. The veteran was also denied entitlement to a total disability rating based on individual unemployability due to service-connected disabilities.
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