The Veteran's death was attributed to lung cancer and renal cell carcinoma. The appellant is seeking service connection for the cause of her husband's death, alleging that his lung cancer predated his renal cancer and was due to herbicide exposure in service.
The deciding factor: VA failed to consider a digital copy of the Veteran's February 1999 chest x-ray which could have provided evidence supporting the appellant's claim that the Veteran had lung cancer prior to his renal cancer.
- Claimed conditions
- lung cancer, renal cell carcinoma
- How they argued it
- Presumptive (no nexus needed)
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- April 5, 2013
- Citation
- 1311386
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 1311386.
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 Veteran's claim for service connection for renal cell carcinoma is remanded due to the lack of a reasoned medical explanation connecting the facts of his case.
- Dismissed
Your appeal for service connection for renal cell carcinoma with partial nephrectomy has been dismissed because the issue was already validly appealed in a previous docket number.
- Remanded (sent back)
The Veteran's claim for service connection for renal cell carcinoma with partial nephrectomy is remanded due to a lack of development regarding the relationship between his hypertension and the cancer. The AOJ must obtain an addendum opinion from an appropriate physician to determine if the Veteran's hypertension caused or aggravated his renal cell carcinoma.
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