The Veteran's death is related to VA treatment for non-small cell lung cancer, and the Board finds that a remand is necessary to determine if VA failed to timely diagnose or treat the condition.,VA treatment of the Veteran’s non-small cell lung cancer may have contributed to his cause of death in April 2010.
The deciding factor: The expert opinion requested will help determine whether VA's failure to timely diagnose and treat the Veteran's non-small cell lung cancer was due to carelessness, negligence, or error.
- Claimed conditions
- Non-small cell lung cancer
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- June 13, 2019
- Citation
- 19145736
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 Veteran's non-small cell lung cancer rating was reduced from 100% to 0%, effective November 1, 2015. The Board has decided this issue is remanded due to uncertainty regarding the current status of his lung cancer.
- Granted
The Veteran's death was caused by non-small cell lung cancer, which is presumed to be due to herbicide exposure in the territorial sea of Vietnam. As a result, service connection for his cause of death has been granted.
- Granted
The Veteran died from non-small cell lung cancer, which is considered service-connected due to his exposure to herbicide agents during his time in the Republic of Vietnam. The Appellant is therefore entitled to DIC benefits.
- Denied
The Veteran's lung cancer was not found to be related to service, including exposure to herbicide agents or contaminated water at Camp Lejeune. The claim for service connection is denied.
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