The Board remands the claims for an earlier effective date for service connection of lung cancer and Dependents' Educational Assistance due to a need for additional evidence regarding the Veteran's respiratory symptoms during and after service.
The deciding factor: The May 2022 VA opinion did not adequately consider the Veteran's ongoing complaints of respiratory symptoms since active service, which had progressively worsened until his death. An additional VA medical opinion is necessary to make a determination in this case.
- Claimed conditions
- Lung cancer
- How they argued it
- Direct service connection
- Exposure basis
- Gulf War
- Rating assigned
- None in this decision
- Decision date
- October 30, 2024
- Citation
- A24070303
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 claims for service connection for COPD, congestive heart failure, coronary artery disease, lung cancer, thyroid cancer, and hypertension due to inadequate medical opinions.
- Granted
The Board granted service connection for the cause of death, finding that toxic exposure during service contributed substantially or materially to the Veteran's cause of death.
- Denied
The Board denied service connection for the cause of the Veteran's death, finding that there was not persuasive evidence linking his lung cancer to his military service.
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