The Board has remanded the Veteran's claims for service connection for right lung non-small cell lung cancer and metastasized brain cancer due to a duty to assist error, as well as issues related to participation in toxic exposure risk activities (TERA).
The deciding factor: The VA medical opinions of record were inadequate because they did not consider the Veteran's potential exposure to asbestos and other toxic substances during service.
- Claimed conditions
- right lung non-small cell lung cancer (NSCLC), metastasized brain cancer
- How they argued it
- Presumptive (no nexus needed)
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 14, 2024
- Citation
- A24074510
Veterans Law Judge
Decisions by this judge: 869 · Granted: 44% (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 A24074510.
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 has denied the Veteran's claims for service connection for right lung non-small cell lung cancer and metastasized brain cancer, finding that there is no persuasive evidence linking these conditions to his military service or any in-service exposures.
- Granted
The Board of Veterans' Appeals has granted service connection for PTSD and Mood Disorders, both presumed conditions under the PACT Act.
- Dismissed
The Veteran's claim for an earlier effective date for diabetes mellitus type II with erectile dysfunction was denied as the evidence did not show that he had been diagnosed and manifested to at least a 10 percent disability rating on or prior to May 8, 2001.
- Granted
Service connection for Posttraumatic Stress Disorder (PTSD) is granted. The appeal as to the issue of entitlement to service connection for erectile dysfunction is dismissed.
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