The Board remands the issue of entitlement to compensation under 38 USC § 1151 for Non-Hodgkin's lymphoma due to a duty to assist error, requiring further clarification on whether the Veteran's non-Hodgkin's lymphoma was caused by VA-supplied defective CPAP machines and if that event was reasonably foreseeable.
The deciding factor: The remand is necessary to ensure an adequate rationale for determining causation and foreseeability of the Veteran's condition due to VA treatment, as the previous medical opinion did not provide sufficient explanation.
- Claimed conditions
- Non-Hodgkin's lymphoma
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- March 12, 2025
- Citation
- A25022626
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.
- Partly granted
The Board denied service connection for traumatic brain injury and remanded claims for diabetes mellitus type II, Non-Hodgkin's lymphoma, and pancreatic cancer. Service connection was granted for left hip pain.
- Granted
The Board granted service connection for non-hodgkin's lymphoma, which is presumed to have been incurred during the Veteran's service at Camp Lejeune.
- Denied
The Board denied service connection for non-Hodgkin's lymphoma and compensation pursuant to 38 U.S.C. § 1151 for the same condition, finding that there was no evidence linking the Veteran's current condition to his military service or any VA treatment.
- Denied
The Board denied the veteran's claims for increased ratings and effective dates, as well as service connection for various conditions.
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