The Board is remanding the cause-of-death claim to obtain additional VCAA notice and medical nexus opinions. The appellant believes her husband's terminal liver cancer was caused by his exposure to Agent Orange in Vietnam, but this theory of entitlement does not apply as he did not die from a condition listed for presumptive service connection due to herbicide exposure.
The deciding factor: The Veteran did not have any service-connected disabilities at the time of his death and there is no positive association between exposure to herbicides and any other condition for which the Secretary has not specifically determined that a presumption of service connection is warranted.
- Claimed conditions
- Hepatocellular carcinoma
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- March 29, 2011
- Citation
- 1112322
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 1112322.
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.
- Partly granted
The Board granted service connection for cirrhosis, hepatitis C, hepatocellular carcinoma, gastroesophageal reflux disease (GERD), gastritis, Barrett's esophagus, and obstructive sleep apnea but dismissed the claim for an acquired psychiatric disability.
- Remanded (sent back)
The Board remands the claim for service connection of the Veteran's cause of death to obtain an adequate medical opinion regarding the etiology of hepatocellular carcinoma and its relation to the Veteran's service-connected disabilities.
- Remanded (sent back)
The Board remands the claim for service connection for the cause of the Veteran's death to obtain a medical opinion regarding whether his fatal hepatocellular carcinoma was related to his in-service asbestos exposure and other duties.
- Remanded (sent back)
The Board has identified errors in the initial decision and requires a new VA examination to determine the nature and cause of the Veteran's hepatitis C infection, including its onset during service.
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