The Veteran's claim for service connection for soft tissue sarcoma (leiomyosarcoma) as a result of exposure to herbicides was denied because there is no evidence that he actually set foot in the Republic of Vietnam during his military service. The Board found that presumptive service connection requires having actually set foot ashore in Vietnam, and since the Veteran did not do so, his claim cannot be granted.
The deciding factor: The Veteran's claim for service connection was denied because there is no evidence showing he actually set foot in the Republic of Vietnam during his military service. Presumptive service connection requires having actually set foot ashore in Vietnam, and since the Veteran did not do so, his claim cannot be granted.
- Claimed conditions
- soft tissue sarcoma (leiomyosarcoma)
- How they argued it
- Presumptive (no nexus needed)
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- April 7, 2009
- Citation
- 0912874
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 0912874.
What this means for you
A denial is a starting point, not the end of the road. You can see why this claim fell short — and, if you are still inside the one-year window, the appeal lanes that may remain open to you.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Dismissed
The Board has dismissed the appeals of service connection for soft tissue sarcoma, tinnitus, and chronic eye condition with visual impairment due to the death of the appellant.
- Granted
The Board of Veterans' Appeals has granted service connection for PTSD and Mood Disorders, both presumed conditions under the PACT Act.
- Dismissed
The Veteran's claim for an earlier effective date for diabetes mellitus type II with erectile dysfunction was denied as the evidence did not show that he had been diagnosed and manifested to at least a 10 percent disability rating on or prior to May 8, 2001.
- Granted
Service connection for Posttraumatic Stress Disorder (PTSD) is granted. The appeal as to the issue of entitlement to service connection for erectile dysfunction is dismissed.
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