The Board has remanded the case due to unclear service records and conflicting medical evidence regarding the Veteran's cause of death. The remand includes obtaining official military records, confirming the Veteran's service on U.S.S. Princeton within 12 nautical miles of Vietnam, and obtaining missing medical records.
The deciding factor: The Board found that there is insufficient information to determine whether the Veteran served in Vietnam for herbicide exposure purposes or if his cause of death was related to service, including potential herbicide exposure.
- Claimed conditions
- Lung Cancer, Kidney Cancer
- How they argued it
- Presumptive (no nexus needed)
- Exposure basis
- Burn pits / airborne hazards
- Rating assigned
- None in this decision
- Decision date
- January 7, 2020
- Citation
- 20000977
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 Board determined that the reduction in rating from 100 percent to 30 percent for service-connected lung cancer was proper, and restoration of the 100 percent rating is not warranted. The criteria for entitlement to special monthly compensation based on housebound status have also not been met.
- Granted
The Board granted service connection for chronic obstructive pulmonary disease (COPD), bladder cancer, and lung cancer as secondary to the Veteran's in-service asbestos exposure.
- Granted
The Board granted an effective date of August 26, 2010 for the award of a 30 percent evaluation for COPD, asbestosis, and lung cancer.
- Granted
The Veteran is granted special monthly compensation due to the need of regular aid and attendance based on his service-connected disabilities, particularly kidney cancer and depressive disorder.
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