The Board has remanded the case for a VA medical opinion to determine if the Veteran's fatal metastatic carcinoma is directly related to his in-service herbicide exposure. The Appellant may still establish service connection on a direct basis, despite the malignancies not being listed as diseases presumptively associated with exposure to herbicide agents under 38 C.F.R. § 3.309(e).
The deciding factor: The Board has determined that a VA medical opinion is needed to address whether the Veteran's fatal metastatic carcinoma was directly related to his in-service herbicide exposure.
- Claimed conditions
- cardiopulmonary arrest, myocardial infarction, metastatic carcinoma
- How they argued it
- Presumptive (no nexus needed)
- Exposure basis
- Agent Orange / herbicides
- Rating assigned
- None in this decision
- Decision date
- January 28, 2020
- Citation
- 20006467
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.
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- Dismissed
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The appeal of the October 2022 rating decision finding no new and relevant evidence to readjudicate the claim for service connection for myocardial infarction, myocarditis, and pericarditis was dismissed as procedurally defective.
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