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
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.
- Dismissed
The appeal was dismissed due to the Veteran's death while it was pending.
- Denied
The Board denied service connection for a brain tumor as it is not etiologically related to the Veteran's active duty or his service-connected disability.
- Denied
The Board denied service connection for a brain tumor, finding no evidence linking the condition to the Veteran's active service.
- Denied
The Board denied service connection for hernia, brain tumor, heart, esophagus, kidney, left lower extremity peripheral neuropathy, right lower extremity peripheral neuropathy, and thyroid. The claim for bilateral hearing loss was remanded.
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