The Veteran's claims of entitlement to service connection for brain cancer and lung cancer are remanded due to a duty to assist error. The Veteran should be provided with medical opinions regarding his current or previous diagnoses of lung and/or brain cancer, including any potential link to active duty service.
The deciding factor: The Board found that the July 2019 SOC did not include VA examination reports for lung cancer and brain cancer due to a lack of medical evidence reflecting a diagnosis. However, there is documented abnormality in the Veteran's lungs and brain prior to the July 2019 SOC.
- Claimed conditions
- Brain cancer, Lung cancer
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 27, 2020
- Citation
- A20017543
This is a plain-language summary generated by AI from a public Board of Veterans’ Appeals decision. It can contain errors — always verify against the original. Look up the original decision on VA.gov (opens in a new tab) using citation A20017543.
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 has remanded the claims for service connection for brain cancer, low back disability, and cervical spine disability due to a pre-decisional error in failing to obtain a radiation dose estimate from the Under Secretary for Health. The Veteran's military service aboard USS ENTERPRISE is considered relevant to his exposure to ionizing radiation.
- Granted
The Veteran's headache disability is granted as service-connected. The left foot condition and lung cancer claims are remanded due to the need for additional medical opinions.
- Denied
The Board denied the Veteran's claim for service connection for cause of death, finding that there was no evidence to support a link between his lung cancer and military service. The Board also found insufficient evidence to establish service connection for lung cancer.
- Granted
The Veteran's brain cancer is granted as service-connected due to in-service herbicide exposure, specifically Agent Orange.
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