The Board is remanding the case to determine whether the veteran's service in Vietnam qualifies for presumptive exposure to Agent Orange, and if so, whether his lung cancer can be attributed to this exposure. The VA will also seek additional medical opinions on the cause of the veteran's death.
The deciding factor: The Court's decision in Haas requires that the presumption of herbicide exposure based upon receipt of a Vietnam Service Medal is rebuttable by contradictory evidence, including service at locations not close to land in the Republic of Vietnam.
- Claimed conditions
- carcinoma of the lung
- How they argued it
- Not specified
- Exposure basis
- Agent Orange / herbicides
- Rating assigned
- None in this decision
- Decision date
- August 25, 2006
- Citation
- 0626599
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 0626599.
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 service connection for the cause of the Veteran's death, finding that there was no evidence linking lung cancer to his active service.
- Remanded (sent back)
The Veteran's claim for a higher rating for his service-connected carcinoma of the lung with post-operative right upper lobectomy and COPD is remanded due to worsening symptoms since the last VA examination.
- Granted
The Veteran's cause of death, carcinoma of the lung, is granted as service-connected due to presumed exposure to herbicides during his Navy service in Vietnam.
- Granted
The Board has restored the service connection for cause of death and DEA benefits, finding that ischemic heart disease substantially contributed to the Veteran's death.
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