The Board has remanded the case due to a lack of medical opinion regarding whether lung cancer was or was not a contributing cause of the veteran's death. The appellant argues that lung cancer may have been the primary site of the veteran's cancer, making it a contributory cause of his death.
The deciding factor: A medical opinion is needed to clarify whether lung cancer existed independently of kidney cancer and if so, whether it was either the primary or contributing cause of the veteran's death.
- Claimed conditions
- kidney cancer, lung cancer
- How they argued it
- Not specified
- Exposure basis
- Agent Orange / herbicides
- Rating assigned
- None in this decision
- Decision date
- October 29, 2008
- Citation
- 0837269
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 0837269.
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 claim for a higher evaluation of his service-connected chronic fatigue and weakness due to chemotherapy and radiation treatment for lung cancer is granted, with an evaluation of 60 percent.,The Veteran's claim for a compensable rating for residuals of lung cancer from May 1, 2005 is denied.
- Remanded (sent back)
The Board has decided to remand the case due to a need for further evaluation of the Veteran's lung cancer and its relationship to service, including any in-service granuloma.
- Dismissed
The Board has vacated its decisions granting service connection for lung cancer and remanding issues of tinnitus and TDIU, but the Veteran's death means these appeals are dismissed.
- Remanded (sent back)
The Board has decided to remand the claims for service connection for kidney cancer and chronic kidney disease due to a duty to assist error. The AOJ is required to conduct further development, including obtaining an addendum opinion from a qualified VA examiner regarding the Veteran's exposure to in-service toxic exposures involving fire smoke.
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