The Board has reopened the claim of service connection for the cause of death due to liver cancer, but remanded the case for a VA medical opinion on whether the Veteran's liver cancer was caused by his military service or specifically herbicide exposure. The DIC claim is also remanded as it is inextricably intertwined with the service connection issue.
The deciding factor: The Board found new and material evidence to reopen the claim of service connection for the cause of death, but the case must be remanded due to the need for a VA medical opinion on whether the Veteran's liver cancer was caused by his military service or specifically herbicide exposure.
- Claimed conditions
- liver failure, primary hepatic carcinoma (liver cancer), small cell neuroendocrine carcinoma of unknown primary site
- How they argued it
- Reopened with new and material evidence
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- December 28, 2018
- Citation
- 18161068
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 18161068.
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 death was not caused by a service-connected disability, and therefore his surviving spouse is denied entitlement to service connection for the cause of his death.
- Granted
The Veteran's non-VA emergency medical expenses incurred on February 14, 2024 are granted as the treatment was for an emergent condition (jaundice) and a VA facility was not feasibly available.
- Denied
The Board denied the appellant's claim for entitlement to service connection for the cause of the Veteran's death, as the evidence did not support a finding that the Veteran's heart condition, liver condition, or hepatitis C began during active service or were otherwise related to an in-service injury, event, or disease.
- Remanded (sent back)
The Board has remanded the case due to insufficient evidence regarding the cause of death and its relation to service, particularly given the Veteran's exposure to herbicide agents in Thailand. The AOJ is instructed to obtain an Individual Longitudinal Exposure Record (ILER) for the Veteran and a toxic exposure risk activity (TERA) memorandum.
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.