The Veteran's service connection claims for esophageal cancer and stomach cancer, including as due to herbicide exposure, were denied by the AOJ in August 2007. The Board has determined that a remand is necessary to address these issues.
The deciding factor: The Veteran did not provide evidence of current disability or a link between service and his claimed conditions within one year after separation from service, nor was there any indication of herbicide exposure during service.
- Claimed conditions
- esophageal cancer, stomach cancer
- How they argued it
- Not specified
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- August 6, 2009
- Citation
- 0929353
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. Search VA.gov for the original decision (opens in a new tab) using citation 0929353.
What this means for you
A final Board denial may be appealed to the U.S. Court of Appeals for Veterans Claims, generally within 120 days of the Board mailing date. A Supplemental Claim with new and relevant evidence is a separate option. Another Higher-Level Review of the Board decision is not available. Check your own notice: this historical decision does not set your deadline.
What you can do next
Use your own notice and decision stage. A remanded issue is not a final court-appealable denial. VA review guidance and CAVC filing instructions (U.S. federal; reviewed October 7, 2026).
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- Whole decision: Granted
The Board has granted service connection for the cause of death due to esophageal cancer, which is presumed to be related to exposure to herbicide agents during service in Vietnam.
- Whole decision: Remanded (sent back)
The Board has remanded the case due to insufficient medical opinions regarding the Veteran's prostate disability. The claims for esophageal cancer and Barrett's esophagus remain denied.
- Whole decision: Remanded (sent back)
The Board has determined that the AOJ committed pre-decisional duty to notify and duty to assist errors in denying the DIC claim for the cause of the Veteran's death. The claim must be remanded to allow the AOJ to make a finding regarding whether the Appellant is considered the surviving spouse, as this is a threshold requirement for DIC benefits.
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