The Board has remanded the case for further appellate consideration due to a lack of informed consent regarding potential complications from the esophageal cancer surgery performed by VA in January 2011.
The deciding factor: The Court found that the February 2015 VA examiner's opinion fails to sufficiently inform the Board on whether the Veteran’s complications constitute an event 'not reasonably foreseeable.'
- Claimed conditions
- esophageal cancer, urinary tract problems, stomach problems
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- June 18, 2019
- Citation
- 19147634
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.
- Remanded (sent back)
The Board remands the claim for service connection for the Veteran's cause of death to correct predecisional duty to assist errors, including obtaining additional records and a medical nexus opinion.
- Granted
The Veteran's esophageal cancer is granted service connection due to herbicide exposure during his service in the Republic of Vietnam.
- Partly granted
The Board denied service connection for gastrointestinal cancer other than esophageal cancer and stomach cancer, brain cancer, and prostate cancer. The issues of entitlement to service connection for esophageal cancer, metastatic esophageal cancer, lung cancer, stomach cancer, and liver cancer were remanded.
- Remanded (sent back)
The Board remands the matter for a new medical opinion to address the etiology of the Veteran's esophageal cancer, considering his in-service herbicide agent exposure and service-connected posttraumatic stress disorder.
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