The Board has remanded the case due to insufficient evidence regarding the relationship between the Veteran's service-connected conditions and his death. The VA is required to obtain a medical opinion on whether any of these conditions contributed to his death.
The deciding factor: The Board found that the September 2017 VA examination report was inadequate as it did not provide sufficient rationale for why the Veteran’s service-connected conditions did not contribute to his death.
- Claimed conditions
- stage IV non-small cell cancer of the lung, bilateral lung metastases, brain metastases, extensive spinal metastases, anthracosilicosis
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- June 10, 2019
- Citation
- 19144837
Veterans Law Judge
Decisions by this judge: 2,604 · Granted: 65% (granted or partly granted, in the vetted decisions on this site)
Judge attribution: 2025 complete; earlier years partial.
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 19144837.
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.
- Remanded (sent back)
The Board has decided to remand the case due to a duty-to-assist error, specifically regarding the cause of death and whether service-connected coronary artery disease contributed to or aggravated non-service-connected lung cancer.
- Denied
The Veteran's death was not caused by any service-connected conditions, and the service-connected disabilities did not contribute substantially or materially to his death. Therefore, entitlement to DIC benefits under 38 U.S.C. § 1318 is denied, as well as service connection for cause of death.
- Denied
The Veteran's lung cancer and brain metastases are not service-connected due to lack of evidence linking the conditions to his active duty.,The cause of death, which was metastatic primary neoplasm of bronchus left upper lung, is not service-connected as there is no evidence linking it to his military service.
- Denied
The Board denied the claim for service connection for the cause of the Veteran's death due to metastatic lung cancer and brain metastases, finding that there was no evidence linking these conditions to his military service.
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