The Board has decided to remand the claims for service connection for liver cyst, pancreatic cysts, and renal cysts due to asbestos exposure and secondary to service-connected COPD. The VA must obtain an addendum medical opinion that defines aggravation as any increase in disability.
The deciding factor: The previous opinions used the incorrect legal standard of 'beyond the natural progression' for determining aggravation, which is not applicable in this case.
- Claimed conditions
- liver cyst, pancreatic cysts, renal cysts
- How they argued it
- Aggravation of a pre-existing condition
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 28, 2022
- Citation
- 22004792
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 22004792.
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.
- Partly granted
The Veteran was granted a total disability rating based on individual unemployability due to service-connected disabilities from July 15, 2014 to June 12, 2019. Service connection for renal cysts and other conditions was denied.
- Dismissed
The appeal for service connection for a back disability and neck disability was dismissed as moot, with full benefits granted. Other claims were remanded for further review.
- Remanded (sent back)
The Board remands the claims for payment or reimbursement of non-VA medical care related to ovarian cancer, thyroid cancer, stroke, brain aneurysm, migraines, renal cysts, and gallbladder removal under the Camp Lejeune Family Member Program due to a lack of adequate notice and development.
- Partly granted
The Board denied service connection for a left ankle disorder and separate ratings for asthma and obstructive sleep apnea, but granted service connection for a liver cyst.
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