The Veteran's kidney and lung cancers are currently diagnosed, but the Board is unable to determine which cancer is primary or metastatic due to conflicting medical records. The case is remanded for further clarification from a VA examiner.
The deciding factor: Conflicting medical opinions regarding the nature of the Veteran's lung cancer (primary vs. metastatic) and the relationship between his service, exposure to Agent Orange, and both cancers make it impossible to determine service connection without additional evidence.
- Claimed conditions
- kidney cancer, lung cancer
- How they argued it
- Presumptive (no nexus needed)
- Exposure basis
- Agent Orange / herbicides
- Rating assigned
- None in this decision
- Decision date
- March 15, 2023
- Citation
- 23015602
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 23015602.
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 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.
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