The appeal is remanded to obtain the veteran's service medical records and a medical opinion regarding the cause of death.
The deciding factor: Service medical records are missing, and additional development is needed to determine if the veteran's colon cancer and kidney failure were related to his military service or any service-connected conditions.
- Claimed conditions
- Colon cancer, Kidney failure
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- April 22, 2008
- Citation
- 0813228
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.
- Partly granted
The Board granted service connection for a lung disability and a bilateral foot disability based on new evidence, but denied service connection for bilateral hearing loss, hypertension, and colon cancer.
- Remanded (sent back)
The appeal for service connection for the cause of the Veteran's death is remanded due to incomplete research on potential herbicide exposure and missing mental health records.
- Remanded (sent back)
The Board remands the claims for service connection for colon cancer and individual unemployability (TDIU) due to a duty to assist error, requiring further development of evidence related to toxic exposure activities.
- Remanded (sent back)
The Board remands the claim for service connection for the cause of the Veteran's death to ensure all reasonably raised theories of entitlement are developed, specifically regarding a direct service connection theory based on complaints in the Veteran's service treatment records.
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.