The Veteran's cause of death is attributed to metastatic transitional cell carcinoma of the renal pelvis. The Board finds that a retrospective posthumous medical opinion is needed to determine whether bladder cancer was a primary or metastatic site, and to verify exposure to Agent Blue and asbestos in military construction.
The deciding factor: The Board found insufficient evidence regarding the Veteran's cause of death due to his cancers being associated with herbicide agent exposure. The need for a retrospective posthumous medical opinion is required to address these issues.
- Claimed conditions
- metastatic transitional cell carcinoma of renal pelvis, high-grade urothelial cell carcinoma of the kidney, transitional cell cancer of the bladder
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- May 5, 2023
- Citation
- 23026075
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 23026075.
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 death was caused by metastatic cancer and transitional cell cancer of the bladder, which are presumed to be due to exposure to herbicide agents during his service in Guam. The Board granted service connection for the cause of death based on this presumption.
- Granted
The Veteran's transitional cell cancer of the bladder, status post radical cystoprostatectomy and ileoconduit is considered an additional disability resulting from VA treatment. The delay in diagnosis was due to carelessness or negligence on VA's part, leading to a more severe surgery than necessary.
- Denied
The Board found that the veteran's service-connected conditions did not cause or significantly contribute to his death, and thus denied the claim for service connection for the cause of his death.
- Denied
The veteran's death was not caused by or substantially contributed to by a service-connected disability. The appellant does not meet the basic eligibility requirements for VA death pension benefits.
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.