The case is being remanded due to the need for compliance with VCAA notice requirements. The veteran's claims for an earlier effective date, service connection for peripheral neuropathy and a brain tumor as a result of Agent Orange exposure are on appeal.
The deciding factor: The Board has not provided adequate discussion regarding the notice requirements of 38 U.S.C. § 5103(a) as they pertain to the veteran's claims.
- Claimed conditions
- post-traumatic stress disorder, peripheral neuropathy, brain tumor
- How they argued it
- Not specified
- Exposure basis
- Agent Orange / herbicides
- Rating assigned
- None in this decision
- Decision date
- December 5, 2003
- Citation
- 0334019
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 0334019.
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 has denied the Veteran's claims of service connection for irritable bowel syndrome, sleep apnea, post-traumatic stress disorder, and urinary frequency as there is no competent evidence linking these conditions to his military service.
- Remanded (sent back)
The Veteran's claim for payment or reimbursement of non-VA medical services provided on September 2, 2020 was denied under 38 U.S.C. § 1725 and 38 U.S.C. § 1728 due to lack of evidence in the file. The Board finds that remand is warranted for correction of errors in notice.
- Remanded (sent back)
The Veteran's spouse is seeking to be substituted as the appellant for claims of service connection filed by the Veteran in August 2017. The AOJ has not yet determined whether she meets the requirements to substitute, and this issue must be remanded.
- Granted
The Veteran's lung cancer and brain tumor are granted service connection, while his basal cell carcinoma (claimed as multiple myeloma) is denied. The Board found no evidence of herbicide exposure in Guam or elsewhere during active duty.
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