The Board has remanded the case due to concerns about a VHA expert's opinion on whether the Veteran's right breast cancer is related to exposure to Agent Orange. The issues of secondary service connection for various conditions are also being remanded as they are intertwined with the primary claim.
The deciding factor: The remand is required because there were concerns raised in the Joint Motion for Remand (JMR) about the adequacy of a VHA expert's opinion regarding the relationship between Agent Orange exposure and the Veteran's right breast cancer.
- Claimed conditions
- right breast cancer, peripheral neuropathy of the right upper extremity, peripheral neuropathy of the left upper extremity, peripheral neuropathy of the right lower extremity, peripheral neuropathy of the left lower extremity, pneumonia, heart condition
- How they argued it
- Secondary to another service-connected condition
- Exposure basis
- Agent Orange / herbicides
- Rating assigned
- None in this decision
- Decision date
- October 21, 2020
- Citation
- 20067964
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 GERD, a heart condition, hypertension, a kidney condition, and obstructive sleep apnea as there is no evidence of current disabilities related to these conditions or that they are etiologically linked to the Veteran's military service.
- Remanded (sent back)
The Board remands the claim for a new medical opinion to address whether the Appellant's heart condition had onset during his period of ACDUTRA service.
- Denied
The Board denied service connection for pneumonia and remanded the claims for iodine allergy, pilonidal cyst, sulfa allergy, heart disability, acquired psychiatric disorder, and lower and upper extremity disabilities.
- Denied
The Board denied service connection for cervical spine condition, diabetes mellitus, heart condition, lumbar spine condition, and urinary frequency and voiding condition as there was no evidence of a current diagnosis or in-service incurrence or aggravation.
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