The Board denied service connection for lung cancer and dismissed the appeal for esophageal cancer, for purposes of accrued benefits and Dependency and Indemnity Compensation (DIC) benefits based on cause of death. The claims for service connection for lymph node cancer and liver cancer were remanded.
The deciding factor: The evidence did not show a current disability of lung cancer during the Veteran's lifetime, and there was no valid appeal for esophageal cancer under the new AMA framework due to concurrent appeals being prohibited. A VA medical opinion is needed to assess whether the Veteran had diagnosed disabilities of lymph node and liver cancer related to herbicide agent exposure.
- Claimed conditions
- Lung cancer, Esophageal cancer, for purposes of accrued benefits and Dependency and Indemnity Compensation (DIC) benefits based on cause of death, Lymph node cancer, Liver cancer
- How they argued it
- Direct service connection
- Exposure basis
- Agent Orange / herbicides
- Rating assigned
- None in this decision
- Decision date
- May 12, 2025
- Citation
- A25042295
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.
- Remanded (sent back)
The Board remands the claim for a medical opinion regarding the etiology of the Veteran's liver, lung, brain, and bone cancers in relation to his service, including exposure to contaminated water at Camp Lejeune.
- Remanded (sent back)
The Board remands the claim for a new VA addendum opinion to determine if the Veteran's liver cancer and hepatitis C are related to his active service, including exposure to agent orange.
- Remanded (sent back)
The Board remands the issue of entitlement to service connection for liver cancer due to a failure by the AOJ to obtain a medical opinion that complies with the requirements of 38 U.S.C. § 1168(a)(1).
- Granted
The Board granted service connection for liver cancer for accrued benefits purposes, finding that the Veteran's condition was directly related to in-service ionizing radiation exposure.
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.