The Board has ordered additional development to obtain the Veteran's medical records and to provide a new medical opinion regarding whether his cause of death is related to service or any other factors. The case will be returned for further action.
The deciding factor: The Court found that VA did not complete necessary development for post-retirement treatment records, and the medical opinions were inadequate due to lack of consideration of lay statements and relevant service treatment records.
- Claimed conditions
- gastric cancer, lung metastases, pneumonia
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- June 14, 2022
- Citation
- 22034534
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 22034534.
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 the Veteran's claims for service connection for pneumonia, diabetic ketoacidosis (DKA), and asthma as causes of death. The evidence did not support finding that these conditions were related to his service-connected disabilities.
- Remanded (sent back)
The Board has remanded the claims of service connection for hypercholesterolemia, hypertension, and pneumonia due to insufficient evidence in the record. The Veteran's current diagnoses are not supported by the medical records provided.
- Denied
The Board denied the Veteran's claim for service connection for the cause of his death, finding that there was no evidence linking any of the immediate or contributing causes of his death to his period of active duty service. The Board also found that the PACT Act did not apply in this case as the Veteran served prior to the period when herbicide agents were presumed used.
- Granted
The Veteran's cause of death, gastric cancer, is related to his exposure to contaminated water at Camp Lejeune during service. The Board granted service connection for the cause of death based on direct service connection.
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.