The Veteran's service connection claim for stage 3 chronic kidney disease is remanded due to the need for verification of exposure to herbicides during his service in Korea.
The deciding factor: The Board found that the presumptive provisions regarding exposure to herbicides in the Republic of Korea do not apply because the Veteran did not serve in a unit that operated in or near the Korean DMZ. However, the claim can potentially be established based on actual direct causation if there is verified exposure to herbicides.
- Claimed conditions
- stage 3 chronic kidney disease
- How they argued it
- Aggravation of a pre-existing condition
- Exposure basis
- Burn pits / airborne hazards
- Rating assigned
- None in this decision
- Decision date
- January 29, 2020
- Citation
- 20007343
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 service connection for diabetes mellitus type II, gastroesophageal reflux disease (GERD), hiatal hernia, stage 3 chronic kidney disease, varicose veins of the right lower extremity, and varicose veins of the left lower extremity as there was no evidence to support a nexus between these conditions and the Veteran's service.
- Denied
The Board denied an initial compensable rating for stage 3 chronic kidney disease and remanded the claims for increased ratings for back disability, right lower extremity sciatic radiculopathy, and left lower extremity sciatic radiculopathy.
- Remanded (sent back)
The Board remands the claim for a medical opinion on whether plantar fasciitis was aggravated by active duty training.
- Partly granted
The Board granted a 30 percent rating for the Veteran's service-connected migraine headaches, but no greater.
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