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
Veterans Law Judge
Decisions by this judge: 1,614 · Granted: 35% (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 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.
- Remanded (sent back)
The Veteran's appeal is remanded for further development regarding his service connection claim for obstructive sleep apnea (OSA). The Board finds the available opinions inadequate and requires a new VA examination to determine if OSA is related to service, including conceded exposure to herbicide agents. If related, the examiner must also consider whether it was caused or aggravated by his service-connected type 2 diabetes mellitus.
- 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 has found that the Veteran's exposure to herbicides during service is not established, and thus his claims for thyroid cancer (hypothyroidism), stage 3 chronic kidney disease, and bilateral lower extremity nerve damage are remanded due to a pre-decisional error in determining presumptive exposure.
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