The Board has remanded the case for additional development, including verification of the Veteran's exposure to Agent Orange during service and any records related to his claimed conditions.
The deciding factor: The decision is pending further development as instructed by the Court in a joint motion for remand (JMR).
- Claimed conditions
- squamous cell lung cancer, polycythemia
- How they argued it
- Secondary to another service-connected condition
- Exposure basis
- Agent Orange / herbicides
- Rating assigned
- None in this decision
- Decision date
- November 28, 2012
- Citation
- 1240587
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 1240587.
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.
- Granted
The Veteran's claim for service connection for migraines (headaches) is granted. The claim for service connection for polycythemia and sleep apnea is denied.
- Granted
The Veteran's polycythemia requires phlebotomy six or more times during a 12 month period, and thus an initial evaluation of 60 percent is granted.
- Remanded (sent back)
The Board has determined that the Veteran's claim for service connection for eczema, as secondary to his service-connected polycythemia, needs further examination and opinion. The case is therefore REMANDED.
- Granted
The Veteran's service connection for obstructive sleep apnea is granted. The increased rating claim for PTSD in excess of 30 percent is denied. The matter of service connection for polycythemia as secondary to service-connected obstructive sleep apnea is remanded.
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