The Board has determined that the remand for a medical opinion regarding the Veteran's causes of death, specifically respiratory failure and metastatic lung cancer, is necessary due to an inadequate previous VA opinion. The new opinion must address whether it is at least as likely as not that these conditions were proximately due to or aggravated by his service-connected back and knee disabilities.
The deciding factor: The remand was required because the previous VA opinion did not adequately address the Appellant's argument regarding smoking habits caused by service-connected orthopedic issues.
- Claimed conditions
- respiratory failure, metastatic lung cancer
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- February 1, 2024
- Citation
- 24005178
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 24005178.
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 causes of death were not found to be service-connected, as there was no credible evidence linking the conditions to his military service.
- Granted
The Veteran's cause of death, metastatic lung cancer, was found to be related to service and caused or contributed substantially to the Veteran's death. The Board granted entitlement to service connection for the Veteran's cause of death.
- Granted
The Veteran's cause of death was metastatic neuroendocrine carcinoma, which is presumed to be related to his exposure to herbicides during service in Vietnam. The Board found that the Veteran's service-connected metastatic lung cancer contributed substantially or materially to his death.,Entitlement to DIC under 38 U.S.C. § 1318 was dismissed as moot due to the grant of service connection for the cause of the Veteran's death.
- Granted
The Veteran's cause of death, including hypertension and diabetes mellitus type II, are presumed to be related to his service in the Republic of Vietnam. The Board has granted service connection for these conditions.
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