The Board has remanded the case due to a need for an independent medical opinion from a non-VA affiliated expert regarding the etiology of the Veteran's brain tumor.
The deciding factor: The VA has typically relied on a report by the National Academy of Sciences, which found inadequate or insufficient evidence of an association between brain cancer and herbicide exposure. However, this does not necessarily mean that there is no relationship; it should be considered along with other opinions in the record.
- Claimed conditions
- brain tumor, left temporal lobe, residual right-sided paralysis, blindness
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- December 28, 2020
- Citation
- 20081192
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 appeal was dismissed due to the Veteran's death while it was pending.
- Partly granted
The Board granted the request to readjudicate the claim for compensation under 38 U.S.C. § 1151, but denied the claim itself.
- Denied
The Board denied service connection for a brain tumor as it is not etiologically related to the Veteran's active duty or his service-connected disability.
- Denied
The Board denied service connection for a brain tumor, finding no evidence linking the condition to the Veteran's active service.
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This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.