The Board has remanded the case for a VA medical opinion to determine whether cancer of the larynx or trachea was a principal or contributory cause of the Veteran's death, and whether his liver, esophageal, laryngeal and tracheal cancers are attributable to his asbestos exposure in service.
The deciding factor: The Board found that there is no indication of laryngeal or tracheal cancer in the post-service medical records, and concluded that even if one were to presume that the Veteran was at one point diagnosed with a respiratory disease, it is clear from the record that the origin of the Veteran's cancer was in the esophagus and metastasized to other parts of the body.
- Claimed conditions
- hepatic failure, metastatic liver cancer, esophageal cancer, respiratory cancer of the trachea and larynx
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 27, 2016
- Citation
- 1641685
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 1641685.
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.
- Denied
The Veteran's cause of death was not caused by a disability incurred or aggravated in service, and the Board denied the claim for service connection.
- Granted
The Board has granted service connection for the cause of death due to esophageal cancer, which is presumed to be related to exposure to herbicide agents during service in Vietnam.
- Remanded (sent back)
The Board has remanded the case due to insufficient medical opinions regarding the Veteran's prostate disability. The claims for esophageal cancer and Barrett's esophagus remain denied.
- Remanded (sent back)
The Board has determined that the AOJ committed pre-decisional duty to notify and duty to assist errors in denying the DIC claim for the cause of the Veteran's death. The claim must be remanded to allow the AOJ to make a finding regarding whether the Appellant is considered the surviving spouse, as this is a threshold requirement for DIC benefits.
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