The Board has determined that the right lung mass biopsy performed by VA on November 12, 2014, with its subsequent complications of pneumothorax, hypoxemia, bradycardia, chest tube insertion, and arterial puncture, proximately caused the Veteran's death in June 2015. The Board has also determined that failure by VA to offer/schedule radiation treatment on or around April 2015, when the non-small cell lung carcinoma was first diagnosed, or at any time prior to June 2015, proximately caused the continuance or natural progress of the Veteran's lung cancer. The Board has therefore remanded for further medical opinions.
The deciding factor: The right lung mass biopsy performed by VA on November 12, 2014, with its subsequent complications, and failure to timely diagnose and properly treat non-small cell lung carcinoma with radiation treatment proximately caused the Veteran's death in June 2015.
- Claimed conditions
- carcinoma of the lung
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 15, 2020
- Citation
- 20003084
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 denied service connection for the cause of the Veteran's death, finding that there was no evidence linking lung cancer to his active service.
- Remanded (sent back)
The Veteran's claim for a higher rating for his service-connected carcinoma of the lung with post-operative right upper lobectomy and COPD is remanded due to worsening symptoms since the last VA examination.
- Granted
The Veteran's cause of death, carcinoma of the lung, is granted as service-connected due to presumed exposure to herbicides during his Navy service in Vietnam.
- Granted
The Board has restored the service connection for cause of death and DEA benefits, finding that ischemic heart disease substantially contributed to the Veteran's death.
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