The Board has decided to remand the case due to a duty to assist error, specifically failing to obtain a medical opinion regarding whether the Veteran's fatal cancer may be related to his presumed exposure to contaminated water at Camp Lejeune during service.
The deciding factor: The decision was based on an incomplete duty to assist as it did not obtain a medical opinion addressing the relationship between the Veteran’s fatal cancer and his presumed exposure to contaminated water at Camp Lejeune.
- Claimed conditions
- poorly differential carcinoma of an unknown origin
- How they argued it
- Presumptive (no nexus needed)
- Exposure basis
- Camp Lejeune water
- Rating assigned
- None in this decision
- Decision date
- October 20, 2020
- Citation
- A20015805
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 claim for a medical opinion addressing whether the Veteran's left eye condition is related to service, as it found that the condition did not preexist service.
- Granted
The Board granted service connection for prostate cancer, related to in-service exposures at Camp Lejeune.
- Granted
The Veteran is granted an effective date of August 10, 2022, for the grant of service connection for sinusitis based on the PACT Act.
- Granted
The Board granted service connection for left and right lower extremity peripheral neuropathy, finding that the conditions are related to in-service herbicide agent exposure.
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