The Board has remanded the case due to a lack of a VA medical opinion regarding the etiology of the Veteran's esophageal cancer, which contributed to his death. The examiner is required to provide opinions on whether each service-connected disability contributed substantially or materially to death and if it aided in the production of death.
The deciding factor: The Board found that there was insufficient evidence regarding the cause of the Veteran’s death due to a lack of a VA medical opinion linking the esophageal cancer to his presumed exposure to herbicides including Agent Orange while serving in Vietnam.
- Claimed conditions
- esophageal cancer, obstructive sleep apnea, residuals of right ankle sprain, lumbar strain, bilateral tinnitus, residuals of left ankle injury, bilateral high frequency hearing loss, nasal injury with status post septoplasty, history of hemorrhoids, residual from nevi removal of left cheek scar, residual from acanthoma removal of posterior of right shoulder scar
- How they argued it
- Presumptive (no nexus needed)
- Exposure basis
- Agent Orange / herbicides
- Rating assigned
- None in this decision
- Decision date
- October 24, 2018
- Citation
- 18144464
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 18144464.
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.
- Dismissed
The Veteran withdrew the appeals for service connection for bilateral pes planus, obstructive sleep apnea, bilateral hearing loss, tinnitus, and chronic obstructive pulmonary disease (COPD).
- Partly granted
The Board granted service connection for migraine headaches with an initial rating of 50 percent effective from August 10, 2022, and denied the claims for service connection for a right knee disability, obstructive sleep apnea, kidney disability, low back disability, and erectile dysfunction.
- Granted
The Board granted service connection for obstructive sleep apnea, effective from the date of the February 2025 rating decision.
- Remanded (sent back)
The Board remands the issue of entitlement to service connection for obstructive sleep apnea due to a duty to assist error.
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.