The Board has decided to remand the case due to a duty-to-assist error, specifically regarding the cause of death and whether service-connected coronary artery disease contributed to or aggravated non-service-connected lung cancer.
The deciding factor: The VA medical opinion obtained prior to the rating decision did not address all issues presented by the claim, including the relationship between the Veteran's service-connected CAD and his non-service-connected lung cancer.
- Claimed conditions
- coronary artery disease (CAD), sinusitis, lung cancer, brain metastases
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 9, 2021
- Citation
- A21018070
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 A21018070.
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 Veteran's claim for a higher evaluation of his service-connected chronic fatigue and weakness due to chemotherapy and radiation treatment for lung cancer is granted, with an evaluation of 60 percent.,The Veteran's claim for a compensable rating for residuals of lung cancer from May 1, 2005 is denied.
- Remanded (sent back)
The Veteran's claims for an earlier effective date for service connection and TDIU are remanded due to the need for additional medical opinions regarding the etiology of his coronary artery disease.
- Remanded (sent back)
The Board has found a pre-decisional duty to assist error and has ordered the case back to the AOJ for proper notice regarding the Veteran's right to a hearing.
- Remanded (sent back)
The Veteran's initial claim for an increased rating for sinusitis is being remanded due to a failure by the AOJ to provide proper notice of his right to a hearing.
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