The Board has remanded the Veteran's claims for mesothelioma and skin disability due to herbicide exposure, as there is new evidence received since the last decision. A VA examination is needed for the skin disability claim.
The deciding factor: New evidence was submitted after the April 2014 SOC, which triggers a remand for further review.
- Claimed conditions
- mesothelioma, shortness of breath, skin disability
- How they argued it
- Presumptive (no nexus needed)
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- December 28, 2020
- Citation
- 20081203
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.
- Partly granted
The Board granted service connection for a chronic undiagnosed illness manifested by bilateral leg pain, bilateral hand tremors, sinus problems, shortness of breath and recurrent transient ear noise due to Gulf War service. Service connection was denied for CFS.
- Remanded (sent back)
The Board remands the claims for service connection for a right foot disability, left foot disability, and skin disability to obtain additional medical opinions.
- Partly granted
The Board granted service connection for asthma and remanded the claims for sinus disability, bilateral hip disability, right shoulder disability, hypertension, sleep apnea, diabetes mellitus, skin disability, back disability, bilateral neurological disability of the upper extremities, and bilateral neurological disability of the lower extremities.
- Remanded (sent back)
The Board remands the claims for service connection for multiple conditions due to a need for additional development, including obtaining medical opinions considering all toxic exposure risk activities (TERAs) under the Sergeant First Class Heath Robinson Honoring our Promise to Address Comprehensive Toxins Act of 2022.
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.