The Board has remanded the case due to insufficient evidence regarding the Veteran's exposure to contaminants at Camp Lejeune, specifically water contamination. The AOJ is instructed to investigate and provide a formal finding if unable to verify the claim.
The deciding factor: The service connection for kidney cancer cannot be granted based on presumptive exposure as the Veteran's active period of service falls outside the established presumptive period. However, actual direct causation can still be found if proven.
- Claimed conditions
- kidney cancer
- How they argued it
- Presumptive (no nexus needed)
- Exposure basis
- Camp Lejeune water
- Rating assigned
- None in this decision
- Decision date
- December 8, 2020
- Citation
- A20018114
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 service connection for cause of death to obtain a new medical opinion due to errors in previous examinations.
- Granted
The Board granted service connection for kidney cancer, finding that the Veteran's condition is related to his in-service exposure to herbicide agents.
- Dismissed
The appeal for service connection for kidney cancer was dismissed due to the untimely filing of the Notice of Disagreement.
- Denied
The Board denied service connection for kidney cancer on a direct basis, finding that the evidence does not support a link between the Veteran's kidney cancer and his military service or presumed exposure to herbicide agents.
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