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. Search VA.gov for the original decision (opens in a new tab) using citation 0837269.
What this means for you
A remand sends an issue back for more development, often a new examination or missing records. It does not award the benefit or decide the final outcome. The original decision explains the additional work ordered.
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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