The Veteran's death was caused by respiratory arrest and throat cancer. The appellant argues that the underlying cause of death should be considered as including lung, bronchus, larynx, or trachea cancer due to exposure in Vietnam. The VA will obtain additional records and provide an opinion from a VA oncologist or otolaryngologist regarding whether the underlying cause of death includes these anatomical structures.
The deciding factor: The VA needs to determine if the underlying cause of death listed on the death certificate should include lung, bronchus, larynx, or trachea cancer due to exposure in Vietnam.
- Claimed conditions
- respiratory cancer, throat cancer
- How they argued it
- Presumptive (no nexus needed)
- Exposure basis
- Burn pits / airborne hazards
- Rating
- Not verified here — check the original decision
- Decision date
- October 28, 2011
- Citation
- 1140094
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. Read the original VA decision (opens in a new tab) using citation 1140094.
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
Use your own notice and decision stage. A remanded issue is not a final court-appealable denial. VA review guidance and CAVC filing instructions (U.S. federal; reviewed October 7, 2026).
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Whole decision: Denied
The Board denied the appellant's request for direct payment of attorney fees based on past-due benefits awarded in an April 2025 rating decision, as the decision was not a result of a valid appeal and did not award any past-due benefits.
- Whole decision: Denied
The Veteran's claim for service connection for lung cancer is denied. The claim for throat cancer is granted, and the Veteran is awarded a TDIU rating prior to August 10, 2022.
- Whole decision: Denied
The Board has denied the Veteran's claim for service connection for tonsillar cancer (claimed as throat and respiratory cancer) due to a lack of evidence showing that his condition began during active service or is related to an in-service injury or disease, including presumed exposure to herbicide agents and contaminated water at Camp Lejeune.
- Whole decision: Dismissed
The Veteran's appeal for throat cancer service connection was dismissed due to their death during the appeal process.
Free starter guide for your own claim
Reading this because you were denied or under-rated? Get the plain-English next steps — your appeal options, the deadline that protects you, and how appeals like yours turn out. One email, no spam.
We will only use this to send the guide. No spam, unsubscribe any time. We never sell your information.
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.