The Board has determined that the VA did not obtain a new medical opinion prior to issuing the April 2020 rating decision on appeal, which constitutes a pre-decisional duty-to-assist error. The case is therefore being remanded for the VA to provide a medical opinion regarding the Veteran's cause of death and its relation to service.
The deciding factor: The Board found that the VA failed to obtain a new medical opinion prior to issuing the April 2020 rating decision, which constitutes a pre-decisional duty-to-assist error.
- Claimed conditions
- small cell lung cancer
- How they argued it
- Direct service connection
- Exposure basis
- Agent Orange / herbicides
- Rating assigned
- None in this decision
- Decision date
- May 31, 2024
- Citation
- A24028388
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 A24028388.
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.
- Remanded (sent back)
The Board has remanded the claim of service connection for small cell lung cancer, for purposes of accrued benefits, due to a duty to assist error and statutory or regulatory duty.
- Remanded (sent back)
The Board has remanded the case due to insufficient medical opinions regarding whether the Veteran's cause of death, including small cell lung cancer and coronary artery disease, was related to his in-service asbestos exposure. The VA must obtain an adequate opinion from a clinician.
- Granted
The Board grants an earlier effective date of March 24, 2023, for the awards of service connection for lung cancer, kidney cancer, and liver cancer.
- Granted
The Board granted entitlement to service connection for the cause of the Veteran's death due to small cell lung cancer, and awarded DIC benefits from October 20, 2016.
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