The Board has remanded the claims of service connection for colon cancer and the Veteran's cause of death due to ionizing radiation exposure. The case is being returned to the Under Secretary for Health to obtain a new dosage estimate and opinion that addresses all of the Veteran’s contentions, including his reports of ingesting contaminated water at White Sands Missile Range.
The deciding factor: The Court found that the Board erred by failing to address the evidence submitted by the Veteran and appellant regarding exposure to ionizing radiation, including ingestion of contaminated water. The new VA expert medical opinion must reconcile all contentions and evidence provided.
- Claimed conditions
- colon cancer
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- August 18, 2020
- Citation
- 20054520
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 20054520.
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 case due to insufficient evidence regarding the cause of death and its relation to service. The Veteran's atherosclerotic cardiovascular disease and colon cancer are being evaluated for their relationship to toxic exposure during service.
- Granted
The Veteran's service connection for colon cancer and liver cancer is granted due to the relationship between his in-service toxic exposures, including burn pits. His liver cancer was found to be related to his now service-connected colon cancer.
- Granted
The Board has granted the Veteran's claim for service connection for colon cancer, finding that his current diagnosis of colon cancer is related to toxic exposures in service and resolving any reasonable doubt in his favor.
- Denied
The Board has denied the Veteran's claim for service connection for colon cancer, finding that there is no evidence of a nexus between his current diagnosis and his military service, including any conceded exposure to toxic substances.
Free starter guide for your own claim
Reading this because you were denied or under-rated? Get the plain-English next steps — your appeal options, the deadline that protects you, and how appeals like yours turn out. One email, no spam.
We will only use this to send the guide. No spam, unsubscribe any time. We never sell your information.
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.