The Board has accepted jurisdiction of the appeal despite the untimeliness of the substantive appeal. The Veteran's death is being remanded for a medical opinion on whether his duodenal cancer is related to his exposure to toxic carcinogens, including tricresyl phosphate (TCP) and trichloroethylene (TCE), while serving as a cryogenics equipment operator in the Marine Corps.
The deciding factor: The Board accepted jurisdiction of the appeal despite the untimeliness of the substantive appeal due to actions taken by VA to indicate that such filing had been waived, including certifying the appeal and holding a Board hearing.
- Claimed conditions
- duodenal cancer
- How they argued it
- Reopened with new and material evidence
- Exposure basis
- Burn pits / airborne hazards
- Rating assigned
- None in this decision
- Decision date
- August 27, 2020
- Citation
- 20056801
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 20056801.
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 claims for service connection are being remanded due to the need for further development regarding his exposure to herbicides during service.
- Dismissed
The appeals for service connection on the issues of colon polyp, duodenal cancer, malignant neoplasm of the colon, hypertension, and supraventricular tachycardia have been dismissed due to the Veteran's death.
- Remanded (sent back)
The Board has remanded the case due to insufficient medical opinions regarding the cause of death and service connection for duodenal cancer.
- Remanded (sent back)
The Veteran's death was caused by pancreatic cancer with liver metastasis due to bilateral pulmonary emboli. The Board has determined that further development is needed, including for asbestos exposure and Agent Orange exposure claims.
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