The Board has decided to remand the case due to a duty-to-assist error, specifically regarding an inadequate medical opinion on the etiology of the Veteran's squamous cell carcinoma of the lung. The AOJ is required to obtain an addendum medical opinion addressing whether the Veteran's lung cancer is at least as likely as not caused by his exposure to contaminated water at Camp Lejeune.
The deciding factor: The Board found that the prior VA opinions were inadequate and did not sufficiently address the length of exposure or its significance in causing the Veteran's lung cancer, given his long history of smoking.
- Claimed conditions
- squamous cell carcinoma of the lung
- How they argued it
- Not specified
- Exposure basis
- Camp Lejeune water
- Rating assigned
- None in this decision
- Decision date
- September 26, 2024
- Citation
- A24061228
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 A24061228.
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 Board granted service connection for the veteran's squamous cell carcinoma of the lung, acknowledging that the evidence was at least in equipoise regarding the relationship between the veteran's exposure to contaminated water at Camp Lejeune and his current condition.
- Remanded (sent back)
The Board has remanded the case due to insufficient employment information provided by the Veteran, and further development is needed to clarify dates of employment and request for employment information from American Airlines.
- Denied
The Veteran's squamous cell carcinoma of the lung and COPD have been rated at 60 percent since March 1, 2018. The Board has determined that a higher rating is not warranted for this period.
- Remanded (sent back)
The Board has remanded the case due to a need for additional medical evaluation regarding the Veteran's respiratory disability, specifically his maximum exercise capacity or equivalent METs level during the period from March 1, 2018, to February 12, 2021.
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