The appeal is remanded to provide the appellant with proper notice and to readjudicate the claim, including considering direct causation of gastric cancer due to herbicide exposure.
The deciding factor: The case was remanded because the appellant was not provided adequate notice regarding her claim for service connection for the cause of the veteran's death, particularly in relation to the theory of entitlement based on direct causation by herbicide exposure.
- Claimed conditions
- gastric cancer
- How they argued it
- Direct service connection
- Exposure basis
- Agent Orange / herbicides
- Rating assigned
- None in this decision
- Decision date
- May 7, 2008
- Citation
- 0815075
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 death from gastric cancer and renal failure was service-connected due to exposure to contaminated water at Camp Lejeune.
- Denied
The Board denied the claim for service connection for the cause of the Veteran's death, concluding that his stomach cancer with metastasis to liver was not related to his active duty service and did not meet the criteria for presumptive service connection due to exposure to herbicide agents, radiation, or asbestos.
- Dismissed
The appeal was dismissed due to the death of the appellant.
- Granted
The Board granted service connection for obstructive sleep apnea, effective from the date of the February 2025 rating decision.
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