The Veteran's claims for service connection are remanded due to the need for additional records and clarification of her dates of active duty.
The deciding factor: Additional records, particularly those related to the Veteran’s periods of active duty and ADT between January 2006 and May 2010, are needed to determine when her conditions may have first manifested.
- Claimed conditions
- left breast cancer, two left breast scars (left upper outer quadrant due to a left breast partial mastectomy, and left axilla due to lymph node sampling), right breast scar (upper outer quadrant secondary to excisional biopsy)
- How they argued it
- Reopened with new and material evidence
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 22, 2019
- Citation
- 19105179
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 Board remands the claims for service connection for left breast cancer and residual scars, status post breast mastectomy to obtain an opinion under the Sergeant First Class Heath Robinson Honoring our Promise to Address Comprehensive Toxins Act of 2022 (PACT Act) due to the Veteran's presumed exposure to burn pits during her service in Iraq and Kuwait.
- Remanded (sent back)
The Board remands the claims for a temporary total disability rating and service connection for left breast cancer as secondary to fibrocystic breast disease due to an inadequate medical opinion.
- Denied
The Board denied a rating in excess of 50 percent for left breast cancer, as the Veteran did not undergo a modified radical mastectomy of both breasts.
- Remanded (sent back)
The Board remands the claims for service connection due to a pre-decisional duty to assist error, requiring VA to obtain additional private medical records.
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