The Board has decided to remand the case due to the need for additional development regarding the cause of death and service connection claims. The Veteran's COPD and oropharyngeal cancer are not presumed diseases related to herbicide agent exposure, but may still be service-connected on a direct basis.
The deciding factor: The Board found that further medical opinions were needed to determine if the Veteran’s COPD and oropharyngeal cancer were caused by his service in Vietnam, specifically exposure to herbicide agents. The cause of death was also unclear due to conflicting causes listed on different death certificates.
- Claimed conditions
- COPD, Oropharyngeal cancer
- How they argued it
- Direct service connection
- Exposure basis
- Burn pits / airborne hazards
- Rating assigned
- None in this decision
- Decision date
- December 22, 2020
- Citation
- 20080367
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 COPD, finding that the evidence does not support a link between the Veteran's respiratory condition and his military service, including exposure to Agent Orange.
- Denied
The Board denied service connection for various conditions and a TDIU, as the evidence did not support a finding that any of these disabilities were related to the Veteran's military service.
- Granted
The Veteran's COPD precluded him from obtaining and maintaining substantial gainful employment, warranting a Total Disability Rating Based on Individual Unemployability (TDIU).
- Denied
The Board denied an effective date earlier than August 10, 2022, for the grant of a 60 percent rating for sarcoidosis, asthma, chronic bronchitis, and COPD.
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