The Board's July 20, 2007 decision was vacated due to a violation of the duty to assist, and the case is remanded for additional development.
The deciding factor: The VA examination was found inadequate as it failed to address whether the Veteran's in-service exposure to Agent Orange contributed to his acute myelocytic leukemia, which led to septicemia and ultimately his death.
- Claimed conditions
- Not specified in this decision
- How they argued it
- Not specified
- Exposure basis
- Agent Orange / herbicides
- Rating assigned
- None in this decision
- Decision date
- March 9, 2009
- Citation
- 0908703
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
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This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.