The Board has remanded the case due to insufficient compliance with a previous remand directive regarding an examination and opinion on whether the Veteran's squamous cell cancer of the lungs is related to his in-service exposure to herbicides. The examiner must provide a new opinion addressing three medical opinions that suggest such a connection.
The deciding factor: The Board found that the February 2020 VA examination did not substantially comply with the December 2019 remand directives, specifically regarding the three medical opinions in the record.
- Claimed conditions
- squamous cell cancer of the lungs
- How they argued it
- Presumptive (no nexus needed)
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- April 22, 2021
- Citation
- 21024228
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 21024228.
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.
- Denied
The Board denied service connection for squamous cell cancer of the lungs, finding that it was not incurred in or related to active duty service and did not have a presumptive link due to herbicide exposure.
- Remanded (sent back)
The Board has remanded the case due to insufficient medical evidence linking the Veteran's squamous cell lung cancer to his in-service exposure to herbicide agents. A VA medical opinion is needed to determine if there is a relationship between the cancer and service.
- Denied
The Board denied service connection for tinnitus and squamous cell cancer of the lungs, finding no current evidence linking these conditions to active service.
- Granted
The Board of Veterans' Appeals has granted service connection for PTSD and Mood Disorders, both presumed conditions under the PACT Act.
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