The Board has remanded the claims for service connection for various conditions, including adenocarcinoma, ischemic heart disease, thrombocytopenia, gout, actinic keratosis, and thyroid nodule. The appeal is also remanded to obtain VA treatment records from Jesse Brown VAMC and any other identified facilities, as well as a medical opinion regarding the nature and etiology of the Veteran's adenocarcinoma.
The deciding factor: The Board found that the claims are inextricably intertwined with the service connection claim for adenocarcinoma due to presumed exposure to herbicide agents (Agent Orange) during service, which may impact the cause of death claim. The remand includes obtaining VA treatment records and a medical opinion regarding the Veteran's adenocarcinoma.
- Claimed conditions
- adenocarcinoma, ischemic heart disease, thrombocytopenia, gout, actinic keratosis, thyroid nodule
- How they argued it
- Presumptive (no nexus needed)
- Exposure basis
- Agent Orange / herbicides
- Rating assigned
- None in this decision
- Decision date
- January 29, 2019
- Citation
- 19106984
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.
- Partly granted
The Board grants service connection for tinnitus, finding that the Veteran's tinnitus began during his period of active duty service. The claims for ischemic heart disease, aortic valve replacement, status post aortic stenosis, and peripheral vascular disease with popliteal aneurysm are remanded.
- Remanded (sent back)
The Board remands the case to obtain a new medical opinion regarding the Veteran's ischemic heart disease, as the previous opinions were found inadequate.
- Partly granted
The Board granted an initial evaluation of 20 percent for left and right ankle strains, denied a compensable evaluation for bilateral hearing loss, and remanded claims for hypertension and gout.
- Denied
The Board denied the Veteran's claims for compensation under 38 U.S.C. §1151 for various disabilities due to treatment at a VAMC in April 2007, finding no evidence of additional disability caused by carelessness or negligence on VA's part.
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