The Board has remanded the cases due to insufficient consideration of the Veteran's exposure to ionizing radiation, specifically alpha and internal radiation. The VA is instructed to obtain a new opinion from the Compensation Service Director that addresses these factors.
The deciding factor: The VA needs to consider the Veteran's claims in light of his alleged exposure to alpha and internal radiation during service.
- Claimed conditions
- non-Hodgkin's lymphoma, myelodysplastic syndrome
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 3, 2019
- Citation
- 19100240
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 Board granted service connection for myelodysplastic syndrome, finding that the Veteran had presumptive exposure to contaminated water at Camp Lejeune.
- Remanded (sent back)
The Board remands the matter to obtain a medical opinion regarding whether the Veteran's significant conditions at the time of his death were related to his service, including any toxic exposure risk activities (TERA), and if so, whether they had a material influence on the acceleration of his death.
- Partly granted
The appeal for service connection for non-Hodgkin's lymphoma is granted based on new and relevant evidence that was submitted.
- Denied
The Board denied an earlier effective date for the award of a 100 percent rating for non-Hodgkin's lymphoma, finding that there was no active disease or treatment phase to warrant such a rating.
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