The Board has remanded the case due to deficiencies in obtained contract medical opinions, particularly regarding potential links between the Veteran's service and his death from metastatic melanoma. The examiner is required to address submitted literature and consider contributory causes of death as listed on the death certificate.
The deciding factor: The new VA examiner must provide an opinion addressing whether it is at least as likely as not that the underlying or contributing conditions (atrial fibrillation, congestive heart failure, chronic obstructive pulmonary disease, respiratory failure, liver disease) developed in service or are otherwise causally related to service, including exposure to herbicide agents.
- Claimed conditions
- metastatic melanoma, atriial fibrillation, congestive heart failure, chronic obstructive pulmonary disease, respiratory failure, liver disease
- How they argued it
- Presumptive (no nexus needed)
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- December 30, 2020
- Citation
- 20081611
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 for a compensable rating for left ear hearing loss, service connection for right ear hearing loss, and bilateral vision condition was dismissed. Service connection for hypertension, congestive heart failure, and coronary artery disease was denied.
- Remanded (sent back)
The Board remands the claim for a heart condition to obtain an addendum opinion from a VA clinician regarding whether the Veteran's current heart condition is related to service, including in-service treatment for hypertension.
- Partly granted
The Board granted service connection for gastroesophageal reflux disease, obstructive sleep apnea, and chronic obstructive pulmonary disease but denied service connection for irritable bowel syndrome. The Board also denied an increased rating for the Veteran's service-connected psychiatric condition.
- Denied
The Board denied service connection for the cause of the Veteran's death, finding no evidence that the Veteran was exposed to herbicides during his 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.