The Board has remanded the cases of rectal cancer and kidney cysts for additional development to determine if there is a nexus between these conditions and toxic exposure during service, specifically at Camp Lejeune. The examiner must also consider whether the Veteran's service-connected kidney stones may have aggravated either condition.
The deciding factor: The Board found that while toxic exposure risk activities (TERA) were conceded by VA, rectal cancer and kidney cysts are not presumed related to such exposure. Service connection can still be granted on a direct basis or if evidence of participation in TERA is provided under the PACT Act.
- Claimed conditions
- rectal cancer, kidney cysts
- How they argued it
- Direct service connection
- Exposure basis
- Camp Lejeune water
- Rating assigned
- None in this decision
- Decision date
- July 25, 2023
- Citation
- 23040673
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 23040673.
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 rectal cancer is related to his active duty service and exposure to Agent Orange. The Board granted service connection for the condition.
- Denied
The Board denied service connection for rectal cancer and the cause of the Veteran's death, finding that there was no evidence linking these conditions to service or a service-connected disability.
- Denied
The Board denied service connection for colorectal cancer, finding that the evidence did not establish a chronic condition in service or a relationship to service.
- Granted
The Board has determined that the Veteran's rectal cancer is related to his presumed in-service exposure to herbicides, specifically Agent Orange. The decision grants service connection for this condition.
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