The Board has remanded the case due to an inadequate medical opinion regarding whether the Veteran's small cell lung cancer was related to exposure to contaminated water at Camp Lejeune. The VA examiner relied on inaccurate facts, including a brief exposure window of 91 days, and the AOJ is instructed to verify the exact dates of service at Camp Lejeune and obtain additional treatment records if necessary.
The deciding factor: The medical opinion was based on an incomplete factual basis due to an incorrect assessment of the Veteran's exposure duration at Camp Lejeune.
- Claimed conditions
- small cell lung cancer
- How they argued it
- Direct service connection
- Exposure basis
- Camp Lejeune water
- Rating assigned
- None in this decision
- Decision date
- October 27, 2020
- Citation
- 20069325
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.
- Granted
The Board grants an earlier effective date of March 24, 2023, for the awards of service connection for lung cancer, kidney cancer, and liver cancer.
- Granted
The Board granted entitlement to service connection for the cause of the Veteran's death due to small cell lung cancer, and awarded DIC benefits from October 20, 2016.
- Remanded (sent back)
The Board remands the appeal to correct an error by the AOJ to satisfy its duty to assist the claimant under 38 U.S.C. § 5103A, specifically regarding the need for a medical opinion and compliance with the PACT Act.
- Denied
The claim for VA home loan guaranty benefits is denied because the Veteran did not die from a service-connected disability and was not in receipt of compensation at the time of his death.
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