The Board has ordered a remand for the Veteran to be provided with an addendum opinion regarding his soft tissue sarcoma, specifically addressing whether it is at least as likely as not related to service and herbicide exposure. The examiner must consider the possibility of herbicide exposure even though it is not on the list of presumed diseases.
The deciding factor: The Board found that the remand instructions were not substantially complied with due to the lack of direct consideration of herbicide exposure in the examination report.
- Claimed conditions
- soft tissue sarcoma
- How they argued it
- Presumptive (no nexus needed)
- Exposure basis
- Agent Orange / herbicides
- Rating assigned
- None in this decision
- Decision date
- October 21, 2020
- Citation
- 20068146
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 various disabilities, including right knee, left knee, right wrist, right foot, soft tissue sarcoma, thyroid disorder, and right hand disability.
- Dismissed
The appeal for service connection for left and right lower extremity peripheral neuropathy was dismissed due to the Veteran's withdrawal of his appeal. The other claims were remanded for further development.
- Denied
The Board denied the Veteran's claim for service connection for soft tissue sarcoma due to a lack of evidence showing a current disability during the pendency of the claim.
- Remanded (sent back)
The Board remands the claims for service connection for various conditions, including diabetes mellitus, type II, and peripheral neuropathy in both lower extremities, among others.
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.