The Board has remanded the case due to inconclusive opinions regarding the diagnosis, primary cite, and origins of a malignant tumor surgically resected from the Veteran's left posterior neck in mid-July 2002. The case must be returned for further development including obtaining a sample of the malignant tumor and reviewing VA or private treatment records.
The deciding factor: The Board found that remand was required due to inconclusive opinions regarding the diagnosis, primary cite, and origins of a surgically resected malignant tumor from mid-July 2002. The case must be returned for further development including obtaining a sample of the malignant tumor and reviewing VA or private treatment records.
- Claimed conditions
- post-operative residuals of carcinoma of the neck with metastatic neoplasm
- How they argued it
- Presumptive (no nexus needed)
- Exposure basis
- Gulf War
- Rating assigned
- None in this decision
- Decision date
- December 16, 2011
- Citation
- 1146058
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 1146058.
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 veteran seeks service connection for a cancer that was surgically removed from his neck. The Board finds the diagnosis and primary site of the tumor unclear, but given presumed exposure to Agent Orange during service in Vietnam, the case is remanded for further examination and opinion.
- 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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