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
Veterans Law Judge
Decisions by this judge: 2,017 · Granted: 36% (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 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.
- Denied
The Board denied extraschedular ratings for the Veteran's service-connected lumbar spine and lower extremity radiculopathy disabilities, as well as a total disability rating based on individual unemployability prior to February 3, 2011.
- Remanded (sent back)
The Veteran's lumbosacral spine disability is rated at 20 percent, but the Board finds that it warrants a rating of 40 percent throughout the appeal period.,Service connection for left lower extremity radiculopathy secondary to his service-connected lumbosacral spine disability is granted. The Veteran's claim for an initial rating will be remanded for further evaluation.
- Partly granted
The Veteran's radiculopathy of the right lower extremity is currently rated at 70% effective from February 11, 2010.,Entitlement to an earlier effective date for radiculopathy of the right lower extremity was denied.
- Granted
The Veteran's service-connected disabilities cause the need for regular aid and attendance of another person, which is granted based on the evidence provided.
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