The Board has remanded the claims for additional development due to new laws and regulations regarding service connection based on exposure to herbicide agents, particularly Agent Orange. The Veteran's claims are being reviewed in light of these changes.
The deciding factor: New caselaw and legislation have expanded the definition of service in the Republic of Vietnam, including areas beyond the landmass or inland waterways where presumptive service connection for certain conditions may apply.
- Claimed conditions
- ischemic heart disease, chronic obstructive pulmonary disease (COPD)
- How they argued it
- Presumptive (no nexus needed)
- Exposure basis
- Agent Orange / herbicides
- Rating assigned
- None in this decision
- Decision date
- October 19, 2020
- Citation
- 20067635
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.
- Dismissed
The Veteran withdrew the appeals for service connection for bilateral pes planus, obstructive sleep apnea, bilateral hearing loss, tinnitus, and chronic obstructive pulmonary disease (COPD).
- Partly granted
The Board grants service connection for tinnitus, finding that the Veteran's tinnitus began during his period of active duty service. The claims for ischemic heart disease, aortic valve replacement, status post aortic stenosis, and peripheral vascular disease with popliteal aneurysm are remanded.
- Remanded (sent back)
The Board remands the claims for service connection for various conditions, including GERD, chronic kidney disease, COPD, a heart condition, diabetes mellitus, hypertension, insomnia, and obstructive sleep apnea, as additional development is necessary to address the Veteran's exposure to toxic chemical agents during his service.
- Remanded (sent back)
The Board remands the claim for a respiratory disability to obtain an adequate VA examination and additional evidence regarding the Veteran's exposure to herbicide agents during service.
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