The Board has decided to remand the case due to a duty to assist error, specifically failing to obtain relevant private treatment records for the Veteran's metastatic cancer. The AOJ is instructed to request these records and take any further development steps deemed necessary.
The deciding factor: The Board found that obtaining relevant private treatment records was a duty to assist error and remanded to correct this error.
- Claimed conditions
- liver cancer, intrahepatic bile duct tumors, carcinoid tumors of the small intestine
- How they argued it
- Presumptive (no nexus needed)
- Exposure basis
- Camp Lejeune water
- Rating assigned
- None in this decision
- Decision date
- October 31, 2024
- Citation
- 24032473
Veterans Law Judge
Decisions by this judge: 749 · Granted: 28% (granted or partly granted, in the vetted decisions on this site)
Judge attribution: 2025 complete; earlier years partial.
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 24032473.
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.
- Dismissed
The Veteran's appeal for service connection for liver cancer and an increased rating for irritable bowel syndrome has been dismissed due to the Veteran's death.
- Granted
The Board has granted service connection for intestinal cancer, liver cancer, and a liver biopsy surgical scar as secondary to the Veteran's service-connected intestinal cancer.
- Dismissed
The Veteran's appeal for service connection of liver cancer has been dismissed due to their death during the pendency of the appeal.
- Granted
The Veteran's service connection for colon cancer and liver cancer is granted due to the relationship between his in-service toxic exposures, including burn pits. His liver cancer was found to be related to his now service-connected colon cancer.
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