The Board has determined that the Veteran's death was caused by metastatic malignant neoplasm of the liver and malignant neoplasm of the colon, which are not among the diseases listed under 38 C.F.R. § 3.309(e) for which presumptive service connection based on herbicide agent exposure is available. However, service connection may be established if medical evidence directly relates that exposure to herbicides while serving in Thailand to these cancers. The Board has therefore remanded the case for a VA examiner's opinion regarding the relationship between the Veteran's cause of death and his in-service herbicide exposure.
The deciding factor: The Board found that the Veteran was likely exposed to herbicide agents during service, particularly given his duties as a jet aircraft mechanic near runways. However, the diseases causing the Veteran's death are not among those listed for presumptive service connection based on herbicide agent exposure.
- Claimed conditions
- metastatic malignant neoplasm of the liver, malignant neoplasm of the colon
- How they argued it
- Presumptive (no nexus needed)
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- February 13, 2019
- Citation
- 19111155
Veterans Law Judge
Decisions by this judge: 1,990 · Granted: 35% (granted or partly granted, in the indexed decisions on this site)
Judge attribution: 2025 complete; earlier years partial.
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. Read the original VA decision (opens in a new tab) using citation 19111155.
What this means for you
A remand sends an issue back for more development, often a new examination or missing records. It does not award the benefit or decide the final outcome. The original decision explains the additional work ordered.
What you can do next
Use your own notice and decision stage. A remanded issue is not a final court-appealable denial. VA review guidance and CAVC filing instructions (U.S. federal; reviewed October 7, 2026).
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Whole decision: Granted
The Board granted service connection for the Veteran's cause of death, finding that it was etiologically related to his military service, specifically exposure to herbicides during service in Vietnam.
- Whole decision: Remanded (sent back)
The Veteran's claims for service connection are being remanded due to the need for further development regarding his exposure to herbicides during service.
- Whole decision: Dismissed
The appeals for service connection on the issues of colon polyp, duodenal cancer, malignant neoplasm of the colon, hypertension, and supraventricular tachycardia have been dismissed due to the Veteran's death.
- Whole decision: Dismissed
The Veteran's appeal has been dismissed due to his death. The Board does not have jurisdiction to adjudicate the merits of his claims as they are moot.
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