The Board has decided the case is remanded due to insufficient reasoning in the original decision regarding the cause of death and potential exposure to asbestos or herbicides. The VA needs to obtain new opinions on whether service connection can be established for the Veteran's cancers, including COPD.
The deciding factor: The Court found that the original Board decision did not provide adequate reasons and bases for its findings regarding the relationship between the Veteran’s service-connected conditions and his death.
- Claimed conditions
- colon cancer, right lung cancer, COPD
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 16, 2020
- Citation
- 20003474
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 COPD, finding that the evidence does not support a link between the Veteran's respiratory condition and his military service, including exposure to Agent Orange.
- Denied
The Board denied service connection for various conditions and a TDIU, as the evidence did not support a finding that any of these disabilities were related to the Veteran's military service.
- Remanded (sent back)
The Board remands the claim for service connection of colon cancer, claimed as due to exposure to asbestos, for an addendum opinion considering additional evidence.
- Granted
The Veteran's COPD precluded him from obtaining and maintaining substantial gainful employment, warranting a Total Disability Rating Based on Individual Unemployability (TDIU).
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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.