Board failed to explain why medical opinion for lung cancer not needed
The Veteran’s widow appealed the Board’s denial of service connection for lung cancer. The Court agreed that the Board provided an inadequate statement of reasons or bases for failing to obtain a VA medical opinion. First, the Board made conflicting findings that the Veteran did not have a current diagnosis, but that his “lung cancer was a metastasis of presumed biliary cancer.” Thus, the Board found that the Veteran both did and did not have cancer. Second, it is unclear why the Board did not remand the lung cancer claim along with the metastatic adenocarcinoma claim. The Board found that the Veteran’s cancer metastasized to the lungs, so it is unclear why the lung cancer claim was not inextricably intertwined given that it was secondary to the remanded issue. The Court remanded the issue for readjudication.
To read the Court’s decision, click here.
Category: Court Wins