The Board has reopened the Veteran's claim for service connection for residuals of a head injury with headaches due to new and material evidence. The claims for liver (hepatocellular) cancer and kidney cancer are remanded as there is insufficient evidence regarding their etiology.
The deciding factor: New evidence was received that pertains to an unestablished fact needed to substantiate the claim, specifically a causal nexus with service.
- Claimed conditions
- residuals of a head injury with headaches, liver (hepatocellular) cancer, kidney cancer
- How they argued it
- Reopened with new and material evidence
- Exposure basis
- Agent Orange / herbicides
- Rating assigned
- None in this decision
- Decision date
- October 22, 2019
- Citation
- 19180047
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 remands the claim for service connection for cause of death to obtain a new medical opinion due to errors in previous examinations.
- Granted
The Board granted service connection for kidney cancer, finding that the Veteran's condition is related to his in-service exposure to herbicide agents.
- Dismissed
The appeal for service connection for kidney cancer was dismissed due to the untimely filing of the Notice of Disagreement.
- Denied
The Board denied service connection for kidney cancer on a direct basis, finding that the evidence does not support a link between the Veteran's kidney cancer and his military service or presumed exposure to herbicide agents.
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