The Board has decided to remand the case due to a pre-decisional duty to assist error, specifically regarding the adequacy of the VA examiner's opinion on the cause of the Veteran's non-small cell lung carcinoma.
The deciding factor: The VA examiner did not consider relevant medical literature regarding asbestos exposure and lung cancer in their opinion.
- Claimed conditions
- non-small cell lung carcinoma
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 6, 2024
- Citation
- A24072180
Veterans Law Judge
Decisions by this judge: 2,092 · Granted: 42% (granted or partly granted, in the vetted decisions on this site)
Judge attribution: 2025 complete; earlier years partial.
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 A24072180.
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 the claim for service connection for the cause of the Veteran's death, finding that there was no evidence linking the lung cancer to military service or any service-connected disabilities.
- Remanded (sent back)
The Board has remanded the cases due to insufficient evidence and for further development, including obtaining relevant non-VA treatment records from Siteman Cancer Center and Barnes-Jewish Hospital.
- Remanded (sent back)
The Board has remanded the cases due to a lack of VA examinations and requests for additional private treatment records. The Veteran's service-connected brain metastasis and lung cancer have had their disability ratings reduced, but the Board is seeking further evidence or opinions before making a final determination.
- Denied
The Veteran's death was not caused by a service-connected disability, and his malignant tumors were not shown as chronic in service or related to an in-service injury. The Board denied the claim for service connection for cause of death.
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