The Board has remanded the case to the RO for further action due to a failure in VA's duty to assist the veteran regarding his claimed exposure to Agent Orange.
The deciding factor: VA failed to submit a request to the U.S. Army and Joint Services Records Research Center for verification of the veteran's claimed exposure to herbicides in Korea, as required by the VA Adjudication Procedure Manual and Manual Rewrite (M21-1 MR).
- Claimed conditions
- asthma, peripheral neuropathy of the left lower extremity, peripheral neuropathy of the right lower extremity, chemical sensitivity, congestive heart failure, small ischemic vessel disease
- How they argued it
- Presumptive (no nexus needed)
- Exposure basis
- Agent Orange / herbicides
- Rating assigned
- None in this decision
- Decision date
- December 11, 2008
- Citation
- 0842777
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 0842777.
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 service connection for hypertension and peripheral neuropathy of the bilateral upper and lower extremities due to insufficient medical opinions regarding their etiology.
- Denied
The Veteran's respiratory disability, including asthma and COPD, is denied as service connection is not warranted due to the condition being solely attributed to smoking.
- Remanded (sent back)
The Board has decided to remand the cases of sleep apnea and asthma due to a failure to provide proper notice for a hearing.
- Dismissed
The Veteran's appeals for service connection for asthma and a 10 percent rating based on multiple noncompensable service-connected disabilities were dismissed. The claim of entitlement to a compensable rating for eczema was denied, while the claim of entitlement to allergic rhinitis was not addressed as it pertained to different issues.
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