The appeal is remanded to the RO for further development of evidence related to the veteran's treatment and symptoms prior to his death.
The deciding factor: VA must obtain records from the John Cochran VAMC pertaining to the veteran's symptoms and treatment, as well as provide proper VCAA notice to the appellant.
- Claimed conditions
- Pancreatic cancer
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- February 4, 2009
- Citation
- 0903909
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 pancreatic cancer was related to herbicide exposure during his service in Vietnam.
- Denied
The Board denied the claims for Dependency and Indemnity Compensation under 38 U.S.C.� 1318, Survivors Pension, and service connection for the Veteran's cause of death.
- Remanded (sent back)
The Board remands the claims for service connection for pancreatic cancer and the Veteran's cause of death due to deficiencies in the record.
- Denied
The Board denied service connection for the Veteran's cause of death, finding that there was no credible medical evidence linking pancreatic cancer to his military service at Camp Lejeune.
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This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.