The Board has remanded the case due to insufficient evidence regarding whether the Veteran's exposure to environmental toxins during his Gulf War service caused his brain cancer.
The deciding factor: The Court found that the Board improperly relied on an inadequate opinion of a VA medical oncologist who speculated about negative studies finding no association between fuel exposure and brain tumors.
- Claimed conditions
- Brain cancer
- How they argued it
- Aggravation of a pre-existing condition
- Exposure basis
- Burn pits / airborne hazards
- Rating assigned
- None in this decision
- Decision date
- July 22, 2019
- Citation
- 19156720
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 19156720.
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 has remanded the claims for service connection for brain cancer, low back disability, and cervical spine disability due to a pre-decisional error in failing to obtain a radiation dose estimate from the Under Secretary for Health. The Veteran's military service aboard USS ENTERPRISE is considered relevant to his exposure to ionizing radiation.
- Granted
The Veteran's brain cancer is granted as service-connected due to in-service herbicide exposure, specifically Agent Orange.
- Granted
The Veteran's service connection for brain cancer as of August 14, 2018 is granted due to a link between his in-service toxic exposure and his diagnosed condition. Service connection for bilateral hearing loss is denied.
- Remanded (sent back)
The Board remands the claim for service connection for the cause of the Veteran's death to obtain a new VA opinion considering the appellant's submitted favorable medical and scientific literature.
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