The Board has determined that the claim for service connection for the cause of the veteran's death should be remanded to allow for further development under 38 C.F.R. § 3.311 due to potential exposure to ionizing radiation in service.
The deciding factor: The case must be remanded for the development required by 38 C.F.R. § 3.311 as the appellant contends that the cause of death is related to the veteran's alleged in-service radiation exposure, and there are threshold requirements that need to be met under this regulation.
- Claimed conditions
- cancer of the esophagus
- How they argued it
- Reopened with new and material evidence
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 6, 2006
- Citation
- 0600327
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.
- Granted
The Veteran's esophageal cancer is granted service connection, and the Board finds that his stomach condition and GERD are also related to his now service-connected esophageal cancer.
- Denied
The Board denied an earlier effective date for posthumous entitlement to compensation during the veteran's lifetime for service-connected cancer of the lung and esophagus, secondary to herbicide exposure.
- Remanded (sent back)
The Board remands the claim for service connection for sarcoidosis as new and relevant evidence has been received since the previous denial.
- Remanded (sent back)
The Board remands the claim for service connection for tinnitus to correct a duty to assist error, as the Veteran's lay statements regarding onset and continuity of symptoms were not adequately considered in the previous decision.
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