The Board has remanded the Veteran's claims for service connection for kidney cancer and mucinous adenocarcinoma of the lung due to a lack of evidence regarding his exposure to ionizing radiation, tritium gas, and beryllium during service. The AOJ is directed to attempt to obtain the Veteran's service personnel records and any unit histories or other official evidence that might corroborate his account of events.
The deciding factor: The Board found a pre-decisional duty to assist error due to the failure to obtain the Veteran's service personnel records, which could have confirmed his contentions regarding his duties during service. The AOJ is directed to make new efforts to obtain these records and any other relevant evidence.
- Claimed conditions
- kidney cancer, mucinous adenocarcinoma of the lung
- How they argued it
- Presumptive (no nexus needed)
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- December 17, 2022
- Citation
- A22025721
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 A22025721.
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 Board has decided to remand the claims for service connection for kidney cancer and chronic kidney disease due to a duty to assist error. The AOJ is required to conduct further development, including obtaining an addendum opinion from a qualified VA examiner regarding the Veteran's exposure to in-service toxic exposures involving fire smoke.
- Remanded (sent back)
The Board has remanded the Veteran's claims for service connection for kidney cancer and lung cancer due to a lack of adequate medical opinion regarding the etiology of his kidney cancer, which is presumed to be related to herbicide exposure. The claim for lung cancer is inextricably intertwined with the kidney cancer claim.
- Remanded (sent back)
The Board has remanded the case due to inadequate opinions regarding secondary service connection for kidney cancer, specifically whether it is aggravated by service-connected hypertension and diabetes. The Veteran's claim will be reconsidered with new medical opinions addressing this issue.
- Remanded (sent back)
The Board has decided to remand the case due to duty-to-assist errors, including obtaining medical opinions and private treatment records.
Free starter guide for your own claim
Reading this because you were denied or under-rated? Get the plain-English next steps — your appeal options, the deadline that protects you, and how appeals like yours turn out. One email, no spam.
We will only use this to send the guide. No spam, unsubscribe any time. We never sell your information.
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.