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
Veterans Law Judge
Decisions by this judge: 1,812 · Granted: 30% (granted or partly granted, in the vetted decisions on this site)
Judge attribution: 2025 complete; earlier years partial.
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 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.
- Denied
The Board denied the Veteran's claim for service connection for obstructive sleep apnea, finding that there is no competent evidence to support a finding that his current condition began in or as a result of service.
- Denied
The Board of Veterans' Appeals (BVA) has denied the Veteran's claim for service connection for obstructive sleep apnea as there is no current diagnosis of this condition during the appeal period.
- Denied
The Board denied the Veteran's claims for service connection for obstructive sleep apnea, peripheral neuropathy of the bilateral upper extremities, and peripheral neuropathy of the bilateral lower extremities, finding that there was no evidence linking these conditions to his active service or any related exposure.
- Denied
The Board denied service connection for diabetes mellitus, prostate cancer, visual impairment, hypertension, and erectile dysfunction due to lack of exposure to herbicide agents during service. The Veteran's claims were not granted.
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