The Board remands the claims for service connection for liver cancer, hypertensive vascular disease, kidney disease, and upper respiratory disability due to a duty to assist error.
The deciding factor: Remand is necessary as the RO did not fulfill its duty to assist by not obtaining records that could potentially substantiate the Veteran's claim of exposure to Agent Orange during service.
- Claimed conditions
- Liver cancer, Hypertensive vascular disease, Kidney disease, Upper respiratory disability
- How they argued it
- Not specified
- Exposure basis
- Agent Orange / herbicides
- Rating assigned
- None in this decision
- Decision date
- October 8, 2024
- Citation
- A24064225
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.
- Denied
The Board denied the veteran's claims for service connection for PTSD, a kidney cyst (claimed as kidney abscess), kidney cancer, kidney disease, and benign prostatic hyperplasia due to lack of evidence supporting a link between these conditions and his military service.
- 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.
- Partly granted
The Board granted service connection for non-allergic rhinitis, lung nodules, prostate cancer, and diabetes mellitus due to herbicide agent exposure. The claims for an ocular disorder and kidney disease were denied.
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