The Board remands the claim for an opinion on whether the Veteran's metastatic non-small cell lung cancer was related to in-service asbestos exposure.
The deciding factor: A medical opinion is required to assess the relationship between the Veteran's lung cancer and his in-service asbestos exposure due to a pre-decisional duty to assist error.
- Claimed conditions
- Metastatic non-small cell lung cancer
- How they argued it
- Not specified
- Exposure basis
- Burn pits / airborne hazards
- Rating assigned
- None in this decision
- Decision date
- December 16, 2025
- Citation
- A25108753
Veterans Law Judge
Decisions by this judge: 915 · Granted: 38% (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 A25108753.
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 has remanded the case due to a pre-decisional duty to assist error, specifically regarding the Veteran's exposure to herbicide agents during service and its impact on his cause of death. The AOJ must develop this claim by considering the documents submitted in October 2022 and obtain an addendum opinion from an appropriate examiner.
- Denied
The Veteran's cause of death, metastatic non-small cell lung cancer, is not service-connected due to lack of evidence linking it to asbestos exposure in service.
- Denied
The Board found no evidence of asbestos exposure in service and concluded that the Veteran's death was not caused by a disability incurred or aggravated during his military service.
- Denied
The Board found that the veteran's death was not caused by VA medical treatment, and specifically not due to negligence or lack of proper skill on the part of VA. The claim for DIC benefits pursuant to 38 U.S.C. § 1151 is denied.
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