The Board has remanded the Veteran's claims for service connection for prostate cancer and diabetes mellitus, type II (DMII), as well as his claim for an acquired psychiatric disorder, to include PTSD. The remand is necessary due to insufficient evidence regarding presumptive service connection under 38 C.F.R. §§ 3.307 and 3.309.
The deciding factor: The Board found that there was insufficient evidence upon which to base a presumptive service connection for prostate cancer and DMII, as well as an acquired psychiatric disorder, including PTSD, due to in-service exposure to tactical herbicide agents.
- Claimed conditions
- prostate cancer, diabetes mellitus, type II (DMII)
- How they argued it
- Presumptive (no nexus needed)
- Exposure basis
- Burn pits / airborne hazards
- Rating assigned
- None in this decision
- Decision date
- June 13, 2019
- Citation
- 19146323
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 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.
- Granted
The Board granted service connection for prostate cancer, related to in-service exposures at Camp Lejeune.
- Remanded (sent back)
The Board remands the claims for service connection for hypertension and diabetes mellitus to obtain further medical opinions regarding their potential relationship to toxic exposures during active service.
- Remanded (sent back)
The Veteran is granted an effective date of April 25, 2014, for service connection for prostate cancer.
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