The Board has vacated the February 7, 2019 decision dismissing claims for service connection for bone cancer and splenectomy due to denial of due process. The claims are now remanded for further review.
The deciding factor: The Veteran's current disabilities were conceded by the Board, but there was a lack of sufficient evidence linking his in-service exposure to chemicals with his diagnosed conditions.
- Claimed conditions
- bone cancer, spleenectomy
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- August 14, 2019
- Citation
- 19163000
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 19163000.
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 the Veteran's claim for service connection for bone cancer, as there is no evidence of a current disability.
- Denied
The Board denied service connection for bone cancer, liver abscess, shortness of breath, memory problems, PTSD, diabetes mellitus type II, multiple myeloma, thrombocytopenia, and hypertension. The Veteran was granted service connection for hypertension, multiple myeloma, and thrombocytopenia under the PACT Act effective August 10, 2022.
- Denied
The Veteran's request for a higher rate of special monthly compensation (SMC) was denied because the evidence did not show loss of use of either hand or foot.
- Granted
The Board granted an earlier effective date of January 1, 2009 for the veteran's Dependency and Indemnity Compensation (DIC) benefits. The decision was based on the veteran's presumed exposure to herbicide agents during service in Vietnam and the subsequent inclusion of bladder cancer as a presumptive disease.
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