The Veteran's lung cancer and lung nodules are being remanded for further evaluation due to conflicting medical opinions. The neurobehavioral effects claim is also being remanded as the evidence does not support a connection with Camp Lejeune exposure.,VA will provide additional evaluations under the PACT Act based on the Veteran's participation in a TERA and will obtain an opinion regarding whether his neurobehavioral effects are secondary to sleep apnea or major depression.
The deciding factor: The conflicting medical opinions about the nature of the lung disability and its relationship to service-connected conditions require further evaluation. The PACT Act evaluations under the Veteran's participation in a TERA will be conducted, and an opinion regarding the neurobehavioral effects claim will also be obtained.
- Claimed conditions
- lung cancer, lung nodules
- How they argued it
- Direct service connection
- Exposure basis
- Camp Lejeune water
- Rating assigned
- None in this decision
- Decision date
- November 16, 2023
- Citation
- 23061339
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 23061339.
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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