The Board has remanded the Veteran's claims for service connection for prostate cancer, bladder cancer, and obstructive sleep apnea due to unresolved issues regarding exposure to herbicide agents. The Board found that there is at least equipoise evidence of herbicide agent exposure during military service but requires further clarification on whether the Veteran’s bladder cancer is a primary condition or metastasized from his prostate cancer.
The deciding factor: The Board found that the most probative evidence was in equipoise as to whether the Veteran was exposed to herbicide agents during military service, and thus granted presumptive service connection for these conditions. However, further clarification on the nature of the Veteran's bladder cancer is needed before a decision can be made.
- Claimed conditions
- prostate cancer, bladder cancer, obstructive sleep apnea
- How they argued it
- Presumptive (no nexus needed)
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 3, 2020
- Citation
- 20000534
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 granted service connection for obstructive sleep apnea, effective from the date of the February 2025 rating decision.
- Denied
The Board denied service connection for various conditions, including prostate cancer and related disabilities, urinary incontinence, sleep apnea, hypertension, varicose veins, lumbar spine disability, hip arthritis, shoulder arthritis, ankle arthritis, knee strain, knee replacement, and hand arthritis. The only condition granted was a 10 percent rating for a fracture of the right proximal first metacarpal.
- Dismissed
The Veteran withdrew the appeals for service connection for bilateral pes planus, obstructive sleep apnea, bilateral hearing loss, tinnitus, and chronic obstructive pulmonary disease (COPD).
- Remanded (sent back)
The Board remands the issue of entitlement to service connection for obstructive sleep apnea due to a duty to assist error.
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