The Board has remanded the case due to a lack of dose estimate for radiation exposure and further clarification needed regarding what constitutes a '7 High' incident. The Veteran's attorney requested copies of VA medical opinions obtained since 2019, which should be provided on remand.
The deciding factor: The Court found that the Board erred in failing to obtain a radiation dose estimate from the Under Secretary for Health and directed another remand for this purpose.
- Claimed conditions
- lung cancer, tooth loss after service, growth patterns in the 1980's (including but not limited to kidney, right submandibular area, salivary gland, knee, left thigh, right scapula, nose, eyelid and posterior neck, as well as vocal cord and colon polyps)
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 19, 2022
- Citation
- 22058758
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 22058758.
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 Board has decided to remand the case due to a need for further evaluation of the Veteran's lung cancer and its relationship to service, including any in-service granuloma.
- Dismissed
The Board has vacated its decisions granting service connection for lung cancer and remanding issues of tinnitus and TDIU, but the Veteran's death means these appeals are dismissed.
- 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.
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