The Board has remanded the Veteran's claims for service connection due to insufficient evidence regarding his exposure to herbicide agents and the need for additional private treatment records. The claims will be reconsidered in light of these developments.
The deciding factor: The decision is based on insufficient evidence regarding the Veteran's exposure to herbicide agents, which could affect his presumptive service connection claim.
- Claimed conditions
- sarcoma, amputation of the right leg above the knee
- How they argued it
- Presumptive (no nexus needed)
- Exposure basis
- Burn pits / airborne hazards
- Rating assigned
- None in this decision
- Decision date
- January 28, 2020
- Citation
- 20007308
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 found that new and relevant evidence had not been received to support the veteran's claims for service connection for melanoma, sarcoma, basal cell carcinoma, COPD, and sinusitis.
- Denied
The Board denied the claim for Dependency and Indemnity Compensation (DIC) under 38 U.S.C. § 1318, as the Veteran was not rated continuously totally disabled for at least ten years immediately preceding his death.
- Remanded (sent back)
The Board remands the matter for further development, including obtaining a new VA opinion and issuing a statement of the case.
- Partly granted
The veteran's claim for service connection for hypertension was granted due to presumed exposure to herbicide agents during service in Vietnam under the PACT Act. The claim for sarcoma was remanded for further evaluation.
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