The Board has remanded the claims for left renal cancer and gastric cancer due to herbicide exposure, as the VA examinations provided were inadequate. The Veteran needs new and adequate VA examinations or opinions.
The deciding factor: The VA examinations did not provide a clear opinion on whether the cancers are related to service, including herbicide exposure, without resorting to speculation.
- Claimed conditions
- left renal cancer, gastric cancer
- How they argued it
- Reopened with new and material evidence
- Exposure basis
- Burn pits / airborne hazards
- Rating assigned
- None in this decision
- Decision date
- September 20, 2019
- Citation
- 19173606
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 19173606.
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 Veteran's cause of death, gastric cancer, is related to his exposure to contaminated water at Camp Lejeune during service. The Board granted service connection for the cause of death based on direct service connection.
- Remanded (sent back)
The Board has remanded the case due to a duty to assist error regarding the relationship between the Veteran's toxic exposure and his cause of death, gastric cancer. The VA clinician provided an inadequate opinion.
- Remanded (sent back)
The Board has determined that the AOJ failed to identify presumptive toxic exposures, including garrison exposure(s), associated with the Veteran's MOSs or obtain a related medical opinion addressing whether there is a nexus between any such exposure and the Veteran's gastric cancer. The case is being remanded for further development.
- Remanded (sent back)
The Board remands the claims for service connection for metastatic liver disease and gastric cancer due to a duty to assist error in not obtaining medical records from Darnell Army Medical Center at Fort Hood (DACH) from 1995 to 2020.
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.