The veteran seeks service connection for bladder cancer, claiming it was caused by herbicide exposure during his military service in Vietnam. The RO denied the claim based on presumptive provisions of 38 C.F.R. § 3.309(e), but the Board finds that a VA medical examination is necessary to determine if there may be a direct etiological link between the veteran's current bladder cancer and herbicide exposure.
The deciding factor: The evidence is not adequately developed to adjudicate this claim due to conflicting opinions on whether the presumptive provisions of 38 C.F.R. § 3.309(e) can per se invalidate a treating physician's opinion.
- Claimed conditions
- Bladder cancer
- How they argued it
- Presumptive (no nexus needed)
- Exposure basis
- Burn pits / airborne hazards
- Rating assigned
- None in this decision
- Decision date
- June 30, 2008
- Citation
- 0821410
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 0821410.
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.
- Remanded (sent back)
The Board has remanded the claims for bladder cancer, erectile dysfunction, and gouty arthropathy due to outstanding VA treatment records not being obtained. The Veteran's request for a referral to a urologist for ED is also remanded. A VA medical opinion is needed regarding the relationship between the Veteran's gouty arthropathy and his service-connected conditions.
- Denied
The Board has denied service connection for bladder cancer, gastroesophageal reflux disease (GERD), and chronic obstructive pulmonary disease (COPD) as there is no evidence to support a link between these conditions and the Veteran's military service.
- Dismissed
The Veteran's claims for service connection for bladder and kidney cancer were dismissed as the Notice of Disagreement was not filed within one year of the denial.
- Remanded (sent back)
The Veteran's claims for service connection for bladder cancer and diabetes mellitus, Type II are remanded due to errors in the VA opinion regarding exposure to herbicides and toxic substances during his military service.
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