The Board has decided to remand the claims for service connection due to a duty-to-assist error in previous opinions. New VA addendum opinions are required.
The deciding factor: There was a pre-decisional duty-to-assist error as the AOJ deemed the November 2020 and October 2021 VA addendum opinions inadequate, leading to remand for new opinions.
- Claimed conditions
- melanoma, pancreatic cancer
- How they argued it
- Direct service connection
- Exposure basis
- Burn pits / airborne hazards
- Rating assigned
- None in this decision
- Decision date
- December 5, 2023
- Citation
- A23034572
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 A23034572.
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 Veteran's cause of death was not caused by a disability incurred or aggravated in service, and the Board denied the claim for service connection.
- Granted
The Board has granted the Veteran's claim for service connection for melanoma, to include SCC of the right hand, finding that it is at least as likely as not caused by exposure to radiation during service.
- Remanded (sent back)
The Board has dismissed the appeal for accrued benefits and has remanded the issue of service connection for cause of death, as there was a duty to assist error related to obtaining a medical nexus opinion regarding in-service herbicide agent exposure.
- Remanded (sent back)
The Board has remanded the claims for hypertension, equilibrium disorder (claimed as bad balance and equilibrium), bilateral restless leg syndrome, bilateral upper extremity tremor, melanoma, and acquired psychiatric disability due to a lack of adequate medical opinions regarding exposure to contaminated water at Camp Lejeune and Agent Orange in Japan.
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