The Veteran's brain tumor is a radiogenic disease and the AOJ should ensure all proper development has been conducted in accordance with VA regulations regarding radiation exposure. If a positive dose estimate is obtained, an opinion will be provided by the Under Secretary for Benefits to determine if it is at least as likely as not that the Veteran's brain tumor resulted from exposure to ionizing radiation during service.
The deciding factor: The case requires further development due to potential radiation exposure and the need for a dose estimate based on available methodologies.
- Claimed conditions
- brain tumor, residuals of seizure, short memory loss
- How they argued it
- Presumptive (no nexus needed)
- Exposure basis
- Ionizing radiation
- Rating assigned
- None in this decision
- Decision date
- April 23, 2020
- Citation
- 20028776
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 20028776.
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 lung cancer and brain tumor are granted service connection, while his basal cell carcinoma (claimed as multiple myeloma) is denied. The Board found no evidence of herbicide exposure in Guam or elsewhere during active duty.
- Dismissed
The Board has dismissed the appeals of the Veteran's claims for bilateral hearing loss, lumbar spine disability, and brain tumor as no longer pending due to the cancellation of hearings and the granting of service connection for a back disability.
- Remanded (sent back)
The Board has remanded the case due to inadequate exposure records and medical opinions, and because the issues of service connection for brain tumor, migraine headaches, and seizures are intertwined.
- Dismissed
The appeal is dismissed as moot because the Veteran's past due benefits were already awarded and no fees were withheld or paid, so there are no remaining disputes to be adjudicated.
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