The Board has remanded the claims for a new VA examination to assess the severity of the Veteran's right knee, left knee, and hypertension disabilities. The Veteran's claim for service connection for right kidney cancer due to herbicide agent exposure was previously denied and not reopened.
The deciding factor: New evidence received since the last denial does not relate to an unestablished fact necessary to substantiate the claim of entitlement to service connection for right kidney cancer, as it is not material. The Veteran's statements regarding his kidney cancer are considered duplicative of previous statements and do not create a reasonable possibility of substantiating the claim.
- Claimed conditions
- right kidney cancer, bilateral knee disability, hypertension
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- April 26, 2019
- Citation
- 19132412
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 an effective date of October 21, 2021, for the grant of service connection for hypertension.
- Dismissed
The appeal for a compensable rating for left ear hearing loss, service connection for right ear hearing loss, and bilateral vision condition was dismissed. Service connection for hypertension, congestive heart failure, and coronary artery disease was denied.
- Denied
The Board denied service connection for various conditions, including prostate cancer and related disabilities, urinary incontinence, sleep apnea, hypertension, varicose veins, lumbar spine disability, hip arthritis, shoulder arthritis, ankle arthritis, knee strain, knee replacement, and hand arthritis. The only condition granted was a 10 percent rating for a fracture of the right proximal first metacarpal.
- Remanded (sent back)
The Board remands the service connection claim for a bilateral knee disability to correct a pre-decisional duty to assist error, including scheduling an additional VA examination.
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