The Board previously denied the appellant's claim of service connection for the cause of her husband's death, concluding that his brain tumor was unrelated to exposure to Agent Orange. The Court has now remanded the case due to a violation of due process regarding the reliance on a National Academy of Sciences study.
The deciding factor: The Board relied on a NAS study in denying service connection for the cause of death related to Agent Orange exposure, which violated due process as no notice was provided to the appellant.
- Claimed conditions
- brain tumor, chordoma of the sacral area
- How they argued it
- Not specified
- Exposure basis
- Agent Orange / herbicides
- Rating assigned
- None in this decision
- Decision date
- December 18, 2006
- Citation
- 0639344
Veterans Law Judge
Decisions by this judge: 734 · Granted: 9% (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 0639344.
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.
- 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.
- Dismissed
The Board has dismissed the appeals of the Veteran's claims for bilateral hearing loss, lumbar spine disability, and brain tumor as no longer pending due to the cancellation of hearings and the granting of service connection for a back disability.
- Remanded (sent back)
The Board has remanded the case due to inadequate exposure records and medical opinions, and because the issues of service connection for brain tumor, migraine headaches, and seizures are intertwined.
- Dismissed
The appeal is dismissed as moot because the Veteran's past due benefits were already awarded and no fees were withheld or paid, so there are no remaining disputes to be adjudicated.
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