The Board remands the case to obtain private treatment records for the Veteran's metastatic cancer, as there is a duty to assist error in not obtaining these records.
The deciding factor: The AOJ did not attempt to obtain potentially relevant private treatment records that suggest they may contain information related to the Veteran's liver and gastrointestinal tract cancers, which was a duty to assist error.
- Claimed conditions
- Liver cancer, Intrahepatic bile duct and 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
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 remands the claim for a medical opinion regarding the etiology of the Veteran's liver, lung, brain, and bone cancers in relation to his service, including exposure to contaminated water at Camp Lejeune.
- Remanded (sent back)
The Board remands the claim for a new VA addendum opinion to determine if the Veteran's liver cancer and hepatitis C are related to his active service, including exposure to agent orange.
- Remanded (sent back)
The Board remands the issue of entitlement to service connection for liver cancer due to a failure by the AOJ to obtain a medical opinion that complies with the requirements of 38 U.S.C. § 1168(a)(1).
- Granted
The Board granted service connection for liver cancer for accrued benefits purposes, finding that the Veteran's condition was directly related to in-service ionizing radiation exposure.
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