The Board has reopened the claim for service connection for cause of death due to new and material evidence submitted by the Appellant. However, further medical opinion is needed to determine if the Veteran's cancer was a chronic B-cell leukemia as contemplated under 38 C.F.R. § 3.309(e) or otherwise related to in-service herbicide agent exposure.
The deciding factor: The Board found that new and material evidence had been submitted, thus reopening the claim for service connection for cause of death. However, a VA medical opinion is needed to determine if the Veteran's cancer was a chronic B-cell leukemia as contemplated under 38 C.F.R. § 3.309(e) or otherwise related to in-service herbicide agent exposure.
- Claimed conditions
- metastatic carcinoma, cardiopulmonary arrest
- How they argued it
- Presumptive (no nexus needed)
- Exposure basis
- Agent Orange / herbicides
- Rating assigned
- None in this decision
- Decision date
- June 20, 2019
- Citation
- 19147975
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 cause of the Veteran's death as there was no evidence linking any of the listed conditions to his military service.
- Denied
The Board denied service connection for the Veteran's cause of death, as there was no evidence to support a finding that his cardiopulmonary arrest, metastatic brain disease, or metastatic small cell carcinoma were related to his active duty service.
- Remanded (sent back)
The Board remands the appeal to correct pre-decisional duty to assist errors and to satisfy any statutory or regulatory duty that could aid in substantiating the claim, specifically related to asbestos exposure under the PACT Act.
- Remanded (sent back)
The appeal for service connection of the Veteran's death to his military service is remanded. The Board needs more medical records from Archbold Medical Center.
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