The Board has remanded the case for additional development, including obtaining medical records and providing a new opinion regarding whether the Veteran's lung cancer was present prior to spreading from his kidney and whether his renal cancer was causally connected to herbicide agent exposure.
The deciding factor: The decision is based on the need for further evidence and clarification of the medical opinions provided in previous evaluations.
- Claimed conditions
- Pneumonia, Metastatic renal carcinoma, Herpetic esophagitis
- How they argued it
- Presumptive (no nexus needed)
- Exposure basis
- Agent Orange / herbicides
- Rating assigned
- None in this decision
- Decision date
- November 6, 2019
- Citation
- 19184256
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 remands the case to obtain an adequate opinion regarding the Veteran's cause of death, specifically addressing toxic exposures during service and submitted medical literature.
- Remanded (sent back)
The Board remands the claim for a VA examination to address all respiratory disabilities found or shown during the appeal period and to determine their relationship to service, including exposure to toxic or environmental hazards.
- Granted
The Board granted compensation pursuant to 38 U.S.C. § 1151 for the cause of the Veteran's death, resolving reasonable doubt in favor of the appellant.
- Remanded (sent back)
The Board remands the claims for service connection for bilateral hearing loss, pneumonia, and a right ankle condition due to a pre-decision duty to assist error.
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This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.