The Board has remanded the case for a new medical opinion regarding whether the veteran's death may be associated with his military service, specifically presumed exposure to herbicides like Agent Orange. The issue of Dependents' Educational Assistance under 38 U.S.C.A, Chapter 35 is inextricably intertwined and cannot be decided at this time.
The deciding factor: The Board found that the veteran's death 'may be associated' with his military service due to a December 1999 letter from the VA Chief of Cardio-Thoracic Surgery indicating possible herbicide exposure contributed to esophageal cancer, which was the cause of death.
- Claimed conditions
- squamous cell carcinoma of the esophagus
- How they argued it
- Presumptive (no nexus needed)
- Exposure basis
- Agent Orange / herbicides
- Rating assigned
- None in this decision
- Decision date
- July 31, 2008
- Citation
- 0825670
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 0825670.
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 squamous cell carcinoma of the esophagus and polyneuropathy in all extremities, finding no evidence linking these conditions to the Veteran's military service or a service-connected condition.
- Remanded (sent back)
The Board remands the claim for a new VA opinion to address whether the Veteran's squamous cell carcinoma of the esophagus is related to his service, including exposure to warehouse chemicals and herbicide agents.
- Denied
The Board denied service connection for squamous cell carcinoma of the esophagus, finding that the evidence did not support a causal relationship between the Veteran's condition and his military service or exposure to contaminants at Camp Lejeune.
- Remanded (sent back)
The Board has remanded the case due to errors in addressing the duration of service at Camp Lejeune and missing VA treatment records. The appellant's squamous cell carcinoma is being considered for service connection based on exposure to contaminated water.
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