The Board has remanded the case due to insufficient evidence regarding whether the Veteran's causes of death are directly related to service, including herbicide exposure.
The deciding factor: The VA clinician’s opinion is unclear and lacks sufficient analysis, thus requiring an adequate opinion on the etiology of the Veteran's fatal conditions.
- Claimed conditions
- emphysema of the lung, cancer of the mouth
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- June 19, 2019
- Citation
- 19148125
Veterans Law Judge
Decisions by this judge: 2,249 · Granted: 37% (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 19148125.
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 Veteran's claim for service connection for cancer of the mouth, throat, or respiratory tract is remanded due to new evidence submitted after a previous denial. The Board finds that the evidence does not meet the standard for 'new and relevant' evidence as it pertains to esophageal cancer but considers squamous cell carcinoma of the oropharynx related to Agent Orange exposure.
- Remanded (sent back)
The Board has determined that additional development is needed to determine the Veteran's exposure to ionizing radiation during service and whether he meets the criteria for direct service connection due to his claimed condition.
- Denied
The Board denied the Veteran's claim for service connection for his cause of death, finding that there was no evidence linking his emphysema and cancer of the mouth to his military service or exposure to herbicide agents.
- Granted
The Board finds that the Veteran's mouth cancer was related to his exposure to radiation during service, and grants service connection for the cause of the Veteran's death.
Free starter guide for your own claim
Reading this because you were denied or under-rated? Get the plain-English next steps — your appeal options, the deadline that protects you, and how appeals like yours turn out. One email, no spam.
We will only use this to send the guide. No spam, unsubscribe any time. We never sell your information.
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.