The Veteran's claim for service connection for prostate cancer is remanded due to a duty-to-assist error and the need for a VA examination. The AOJ conceded the Veteran had prostate cancer and was exposed to toxic exposure risk activity (TERA) at Camp Lejeune, but further evidence is needed to establish a nexus between his current disability and service.
The deciding factor: The Board found that the AOJ committed a pre-decisional duty-to-assist error in failing to provide a VA medical examination to assess whether a nexus exists between the Veteran's current disability of prostate cancer and his conceded in-service exposure to the environmental hazards at Camp Lejeune. The Board also noted that while not a pre-decisional error, the PACT Act imposes a statutory duty on VA to provide an examination and opinion when a veteran submits a claim for service connection together with evidence of participation in toxic exposure risk activities during active service.
- Claimed conditions
- prostate cancer
- How they argued it
- Direct service connection
- Exposure basis
- Camp Lejeune water
- Rating assigned
- None in this decision
- Decision date
- December 10, 2024
- Citation
- A24081805
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 A24081805.
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 diabetes mellitus, prostate cancer, visual impairment, hypertension, and erectile dysfunction due to lack of exposure to herbicide agents during service. The Veteran's claims were not granted.
- Granted
The Veteran's claim for service connection for prostate cancer, bone cancer, and lymph node cancer has been granted. The prostate cancer is presumed due to herbicide agent exposure during service at RTAFB Takhli. Bone cancer is secondary to the service-connected prostate cancer. Lymph node cancer is also considered secondary to prostate cancer.
- Denied
The Board denied service connection for diabetes mellitus, prostate cancer, ischemic heart disease, right lower extremity peripheral artery disease, left lower extremity peripheral artery disease, and hypertension as the evidence did not establish an in-service event or exposure to herbicide agents.
- Remanded (sent back)
The Board has granted service connection for prostate cancer but remanded the claim for PTSD due to insufficient verification of stressor incidents.
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