The Board has decided to remand the cases due to insufficient evidence regarding the Veteran's service connection claims for basal cell carcinoma, polyneuropathy of bilateral upper and lower extremities, and OSA. The VA needs to confirm if the USS Ranger served within 12-nautical miles of Vietnam during the Veteran's service and conduct further examinations to determine the etiology of these conditions.
The deciding factor: The Board found that there is insufficient evidence regarding the Veteran’s exposure to hazardous materials in service, which is necessary for a secondary service connection claim.
- Claimed conditions
- basal cell carcinoma, polyneuropathy of bilateral upper extremities, polyneuropathy of bilateral lower extremities, obstructive sleep apnea (OSA)
- How they argued it
- Secondary to another service-connected condition
- Exposure basis
- Burn pits / airborne hazards
- Rating assigned
- None in this decision
- Decision date
- January 7, 2020
- Citation
- 20000794
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.
- Partly granted
The Veteran was granted a 70 percent initial disability rating for PTSD effective December 2, 2021, but the claim for an increased rating in excess of 70 percent was denied. The appeal also included claims for service connection and ratings for various conditions, some of which were granted while others were remanded.
- Granted
The Board granted service connection for obstructive sleep apnea (OSA) based on the Veteran's exposure to in-service chemical agents.
- Remanded (sent back)
The Board remands the claim for service connection of obstructive sleep apnea (OSA) as secondary to fibromyalgia due to a need for additional medical evidence.
- Partly granted
The Board granted a 20 percent disability rating for left and right lower extremity radiculopathy from April 3, 2023 onward, but denied higher ratings prior to that date. Service connection was also granted for alcohol use disorder as secondary to PTSD with traumatic brain injury.
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