The Board has remanded the Veteran's claims for service connection due to his exposure to herbicide agents, as the legal standard regarding in-service exposure has changed. The Veteran served aboard a ship that was in 'official waters' of Vietnam during parts of his active duty.
The deciding factor: The legal standard regarding in-service exposure to herbicide agents has expanded to include service within 12 nautical miles from the shores of Vietnam, and further development is needed to determine if the Veteran meets this new qualification for presumptive service connection.
- Claimed conditions
- spinal stenosis, glaucoma, loss of visual field, fibromyalgia, diabetes mellitus, type II, degenerative joint disease, right knee, degenerative joint disease, left knee, degenerative disc disease, respiratory disease, cervical radiculopathy (carpal tunnel syndrome)
- How they argued it
- Presumptive (no nexus needed)
- Exposure basis
- Burn pits / airborne hazards
- Rating assigned
- None in this decision
- Decision date
- February 18, 2020
- Citation
- 20012596
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 20012596.
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.
- Granted
The Veteran's claim for service connection for migraines was reopened due to new evidence. Service connection is granted for painful scars, but the rating assigned remains at 10 percent. The claims for fibromyalgia and bilateral shoulder disability are denied.
- Partly granted
The Board has not made a final determination on the claims of service connection for inguinal hernia, PTSD, joint pain, fibromyalgia, left knee disability, right knee disability, tinnitus, chronic fatigue syndrome, respiratory disability, sleep disorder, IBS, and headaches. The claims are remanded to obtain additional evidence and determine if these conditions are related to service.
- Denied
The Board has denied the Veteran's claims of service connection for hypertension, fibromyalgia, and vertigo. The decision found that there was no evidence linking these conditions to his military service or a service-connected disability.
- Dismissed
The Veteran withdrew his appeal regarding the claims for sleep apnea and an increased disability rating for diabetes mellitus, type II.
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