The Board has ordered additional development of the veteran's medical records from Duke University Hospital to determine if there was any fault or negligence by VA in his treatment, and whether he should be granted DIC benefits under the provisions of 38 U.S.C.A. § 1151.
The deciding factor: The decision is remanded due to the need for additional medical records from Duke University Hospital to ensure a correct factual history of the veteran's illness and treatment.
- Claimed conditions
- lung cancer
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- March 23, 2006
- Citation
- 0608367
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 Board granted service connection for the cause of the Veteran's death, finding that his lung cancer was related to his service-connected melanoma.
- Partly granted
The Board granted an effective date of December 12, 2023, for a 50 percent evaluation of bipolar disorder and remanded the other issues for further development.
- Remanded (sent back)
The Board remands the claim for an adequate medical opinion regarding the Veteran's cause of death, including lung cancer and cardio-pulmonary arrest, to address in-service toxic exposures.
- Dismissed
The Board dismissed the veteran's appeals for service connection for various conditions due to a lack of jurisdiction over the claims.
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