The Board has remanded the claims for service connection for the cause of death and entitlement to burial benefits due to potential exposure to ionizing radiation, herbicides, chemicals, and burn pits. The appellant's claim will be referred to the Under Secretary for Benefits for an advisory medical opinion regarding the Veteran’s cause of death.
The deciding factor: The claims are remanded as there is insufficient information to determine if the Veteran was exposed to ionizing radiation, herbicides, chemicals, or burn pits during service, which could affect his claim for service connection for the cause of death and entitlement to burial benefits.
- Claimed conditions
- Brain malignancy, Lung cancer
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 23, 2019
- Citation
- 19180435
Veterans Law Judge
Decisions by this judge: 399 · Granted: 41% (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 19180435.
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.
- Granted
The Veteran's headache disability is granted as service-connected. The left foot condition and lung cancer claims are remanded due to the need for additional medical opinions.
- Denied
The Board denied the Veteran's claim for service connection for cause of death, finding that there was no evidence to support a link between his lung cancer and military service. The Board also found insufficient evidence to establish service connection for lung cancer.
- Remanded (sent back)
The Veteran's cause of death is being remanded due to a duty to assist error that occurred prior to the rating decision on appeal. The Board must obtain additional medical opinions regarding whether the Veteran's bladder cancer, which was service-connected as a result of contaminated water exposure at Camp Lejeune, contributed substantially or materially to his cause of death.
- Remanded (sent back)
The Board has remanded the case due to a duty to assist error, specifically regarding the Veteran's exposure to radiation during his service. The AOJ is required to seek records from U.S. Army Medical Command for occupational exposure to ionizing radiation at various locations including Sandia Base in Albuquerque, New Mexico.
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.