The Board remanded the claim for service connection for the cause of the veteran's death and DIC benefits because the Regional Office failed to obtain a VA medical opinion to determine whether the veteran's service-connected disabilities caused, contributed to, or aggravated his death from metastatic colon cancer. The Board found a reasonable possibility that a medical opinion would aid in substantiating the claim, particularly regarding whether alcohol use disorder was a risk factor for the colon cancer.
The deciding factor: The Board determined that relying solely on the death certificate noting metastatic colon cancer as the cause of death was an inadequate basis to evaluate whether service-connected disabilities caused or contributed to death, and that a duty to assist error occurred by failing to obtain a VA medical opinion before deciding the claim.
- Claimed conditions
- Post-traumatic stress disorder (PTSD) with alcohol use disorder, Spondylolisthesis, L5 and S1 with Intervertebral Disc Syndrome and degenerative joint disease, Fracture of the right femur, Radiculopathy of the right lower extremity, Radiculopathy of the left lower extremity, Metastatic colon cancer
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- March 19, 2025
- Citation
- A25025322
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 granted service connection for an acquired psychiatric disorder, to include a mood disorder and alcohol abuse disorder, secondary to the Veteran's service-connected disabilities. The other claims for increased ratings were denied.
- Remanded (sent back)
The Board remands the claims for higher staged ratings and initial ratings in excess of 10 percent, 20 percent, and 10 percent for radiculopathy of the left lower extremity, right lower extremity, and residual painful surgical scar, posterior trunk respectively, to correct a pre-decisional duty to assist error.
- Remanded (sent back)
The Board remands the claim for a lumbar spine disability as secondary to a cervical spine disability due to an inadequate medical opinion.
- Remanded (sent back)
The Board remands the claim for service connection for a back condition to correct pre-decisional duty to assist errors, including obtaining an appropriate medical examination and associated opinion.
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