The Board has decided to remand the case due to a duty-to-assist error, and will need to obtain a VA examination to determine if the Veteran's left kidney cancer is related to service, including presumed exposure to herbicide agents.
The deciding factor: The decision was remanded because there was an error in fulfilling the duty to assist, specifically regarding obtaining a VA examination for the Veteran's claim of service connection for left kidney cancer.
- Claimed conditions
- left kidney cancer
- How they argued it
- Presumptive (no nexus needed)
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- December 6, 2024
- Citation
- A24081173
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 A24081173.
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 Veteran's claim for service connection for erectile dysfunction, left kidney cancer, and neuro-cognitive disorder with depressive disorder from January 8, 2020 was denied. The Veteran's headaches were granted a 10% rating effective January 8, 2020, but the Veteran's vertigo did not meet the criteria for a greater than 10% rating.
- Granted
The Veteran is entitled to an effective date of May 7, 2020 for the award of special monthly compensation (SMC) based on the regular need for aid and attendance due to his kidney cancer.
- Remanded (sent back)
The Veteran's claims for initial compensable disability ratings for left kidney cancer and scar, anterior trunk are remanded due to a lack of VA examination.
- Granted
The Veteran's kidney cancer is related to his presumed exposure to herbicide agents during service in Vietnam, and he was granted service connection for this condition.,His lung, liver, and lymph node cancers are also considered secondary to his primary kidney cancer, which has been granted service connection. ,The cause of the Veteran's death due to cardiopulmonary arrest is attributed to his service-connected kidney cancer.
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