The Board has remanded the claims for service connection for the cause of the Veteran’s death and entitlement to DIC benefits under 38 U.S.C. § 1318 due to inadequate examination in the January 2019 decision, which did not address whether exposure to herbicide agents or service-connected conditions contributed to the Veteran's death.
The deciding factor: The Board found that the September 2014 VA examination was inadequate as it failed to address whether the Veteran’s service-connected coronary artery disease (CAD) had contributed to the onset of death based on CAD being an 'active process affecting vital organs' under 38 C.F.R. § 3.312(c)(3), and did not adequately assess the likelihood that exposure to herbicide agents in service contributed to the Veteran’s colon cancer and bowel obstruction which caused his death.
- Claimed conditions
- metastatic colon cancer, small bowel obstruction
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- August 19, 2020
- Citation
- 20054834
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 20054834.
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 Veteran's cause of death was metastatic colon cancer, but the appellant contends it was caused by exposure to ionizing radiation during his service as an X-ray technician. The case is remanded for further development regarding dose estimation and consideration under VA regulations.
- Granted
The Veteran's cause of death was determined to be related to service-connected conditions, specifically metastatic colon cancer and coronary artery disease. The Board granted the claim for service connection based on the evidence provided.
- Remanded (sent back)
The Veteran's cause of death is remanded due to insufficient evidence regarding the relationship between his service-connected conditions and his death. The Board requests a medical opinion on the nature and etiology of the Veteran's cause of death.
- Remanded (sent back)
The Board has remanded the case due to a duty to assist error, specifically in obtaining VA medical records and an adequate medical opinion regarding the cause of death.
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