The Board has remanded the case due to a need for further development regarding the Veteran's exposure to herbicides during his service aboard the U.S.S. Shangri La.
The deciding factor: The U.S.S. Shangri La was located within the official waters of the Republic of Vietnam, but not necessarily within its 12 nautical mile territorial sea as required by a recent Federal Circuit decision in Procopio v. Wilkie.
- Claimed conditions
- Hemorrhagic stroke, Metastatic lung cancer
- How they argued it
- Presumptive (no nexus needed)
- Exposure basis
- Burn pits / airborne hazards
- Rating assigned
- None in this decision
- Decision date
- June 5, 2019
- Citation
- 19143263
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 service connection for the Veteran's cause of death and entitlement to dependency and indemnity compensation (DIC) under 38 U.S.C. § 1318, as there was no evidence that the Veteran's lung cancer was related to his military service or exposure to herbicides.
- Remanded (sent back)
The Board remands the issues of service connection for the cause of the Veteran's death and additional burial benefits due to a need for further development, specifically an opinion on whether the Veteran's metastatic lung cancer was related to in-service asbestos exposure.
- Denied
The Board denied service connection for the Veteran's cause of death, finding that his metastatic lung cancer was not attributable to his military service.
- Remanded (sent back)
The Board has decided to remand the case due to insufficient evidence regarding the cause of death and exposure to asbestos during service. The Veteran's cause of death is acute respiratory failure, pleural effusion, and metastatic lung cancer.
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.