The Board has remanded the case due to issues related to whether the deceased's character of discharge from military service is a bar to VA benefits, as well as claims for service connection for lung cancer and brain cancer. The appeal will be reconsidered after addressing the issue of substitution.
The deciding factor: The decision on the issue of whether the deceased's character of discharge is a bar to VA benefits must be resolved before considering the underlying issues of service connection for lung cancer, brain cancer, and cause of death.
- Claimed conditions
- cancer of the lungs, cancer of the brain
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- January 14, 2015
- Citation
- 1501821
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 1501821.
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 Veteran died from respiratory failure due to metastatic adenocarcinoma and cancer of the brain. The Board found that his death was not caused by service-connected conditions, including presumed herbicide agent exposure.
- Whole decision: Denied
The Board found that the Veteran's lung cancer was not incurred or aggravated during his military service and did not have its onset during service. The expert opinion concluded that the Veteran's cold injuries did not contribute to or accelerate his fatal lung cancer.
- Whole decision: Granted
The Veteran's death was determined to be due to cancer of the lungs, which is presumed service-connected based on herbicide exposure in Vietnam. The Board found that the evidence was in equipoise and granted DIC benefits.
- Whole decision: Denied
The Veteran's death was caused by cancer of the lungs, but his service-connected conditions did not contribute to his cause of death. The Board denied DIC benefits under 38 U.S.C.A. § 1318 as he did not have a total disability rating for at least ten years prior to his death.
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