The Board remands the issue of entitlement to service connection for the Veteran's cause of death for a review of the Veteran's records and a medical opinion.
The deciding factor: A remand is necessary due to a pre-decisional duty to assist error, as the Veteran was never afforded a VA examination prior to his death, nor did the RO request a medical review and opinion of the Veteran's file after the Appellant submitted her claim.
- Claimed conditions
- pancreatic cancer
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 10, 2024
- Citation
- A24065174
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.
- Denied
The Board denied service connection for pancreatic cancer as there was no evidence of a nexus between the in-service toxic exposure and the current condition.
- Granted
The Board granted service connection for pancreatic cancer, finding that the evidence is in equipoise regarding whether the Veteran's condition was due to his in-service exposure to toxic and environmental hazards.
- Remanded (sent back)
The Board remands the Veteran's claim for service connection for pancreatic cancer due to a pre-decisional duty to assist error, requiring further development of evidence related to toxic exposure.
- Granted
The Board granted service connection for pancreatic cancer, resolving reasonable doubt in favor of the Veteran based on evidence suggesting his condition was caused by exposure to herbicide agents during active service.
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