The Board has remanded the case due to an inadequate June 2014 VA examination report, and a new medical opinion is needed to determine if breast cancer (and its residuals) are related to exposure to herbicide agents in Vietnam.
The deciding factor: The decision was based on an inadequate June 2014 VA examination report that did not comply with the Court's holding in Polovick v. Shinseki, which found that the Board erred in denying a claim for brain tumor finding that the disease was not noted in the 'Limited Evidence of No Association' category in the 2002 Agent Orange Update.
- Claimed conditions
- residuals of breast cancer
- How they argued it
- Presumptive (no nexus needed)
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- September 6, 2019
- Citation
- 19169480
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 19169480.
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.
- Granted
The Board has granted service connection for residuals of breast cancer but denied service connection for a breast disorder other than the residuals. The Veteran's breast cancer began during active duty, and she underwent a radical double mastectomy. There is no evidence of any other breast disorder over the appeal period.
- Remanded (sent back)
The Veteran's claims for service connection have been remanded due to the need for additional evidence and medical opinions regarding her exposure to herbicide agents, toxins, and noise during active service.
- Remanded (sent back)
The Board has remanded four issues related to service connection for various conditions, including breast cancer and its residuals, thyroidectomy, left bicep scar (malignant melanoma), and basal cell carcinoma. The claims are based on the Veteran's alleged exposure to pesticides at Fort McClellan and malathion in the Panama Canal Zone.
- Remanded (sent back)
The Board has decided that additional development is needed for the Veteran's claims regarding back disability, left knee disability, arthritis, right foot disability (secondary to left knee), and residuals of breast cancer due to radiation. The records from VAMC Chicago and any related Social Security Administration records are requested.
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