The Veteran's service connection claims for ischemic heart disease, kidney cancer, prostate cancer, and diabetes mellitus, type II are remanded due to insufficient evidence regarding herbicide exposure.
The deciding factor: The Board found that the evidence was insufficient to determine whether the Veteran served in the 12 nautical mile territorial sea of Vietnam, which is required for presumptive service connection under the Agent Orange Act.
- Claimed conditions
- ischemic heart disease, kidney cancer, prostate cancer, diabetes mellitus, type II
- How they argued it
- Presumptive (no nexus needed)
- Exposure basis
- Burn pits / airborne hazards
- Rating assigned
- None in this decision
- Decision date
- May 29, 2019
- Citation
- 19141128
Veterans Law Judge
Decisions by this judge: 1,810 · Granted: 23% (granted or partly granted, in the vetted 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. Look up the original decision on VA.gov (opens in a new tab) using citation 19141128.
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.
- Denied
The Board denied the Veteran's claim for service connection for a heart condition, including ischemic heart disease. The evidence did not support a finding of a current disability related to service.
- Denied
The Board denied service connection for diabetes mellitus, prostate cancer, visual impairment, hypertension, and erectile dysfunction due to lack of exposure to herbicide agents during service. The Veteran's claims were not granted.
- Granted
The Veteran's claim for service connection for prostate cancer, bone cancer, and lymph node cancer has been granted. The prostate cancer is presumed due to herbicide agent exposure during service at RTAFB Takhli. Bone cancer is secondary to the service-connected prostate cancer. Lymph node cancer is also considered secondary to prostate cancer.
- Dismissed
The Veteran withdrew his appeal regarding the claims for sleep apnea and an increased disability rating for diabetes mellitus, type II.
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