The Board remands the case for further factual development regarding the Veteran's possible exposure to herbicide agents and to schedule an examination to determine the current severity of his prostate cancer and any residuals, as well as whether erectile dysfunction is caused or aggravated by the prostate cancer.
The deciding factor: The evidence of record is insufficient to make a firm determination as to whether the Veteran had presence within the 12-nautical mile territorial sea of Vietnam during his service, which is necessary for establishing herbicide agent exposure under the Blue Water Navy Vietnam Veterans Act of 2019.
- Claimed conditions
- prostate cancer, erectile dysfunction
- How they argued it
- Presumptive (no nexus needed)
- Exposure basis
- Agent Orange / herbicides
- Rating assigned
- None in this decision
- Decision date
- October 6, 2021
- Citation
- 21062162
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 conditions, including prostate cancer and related disabilities, urinary incontinence, sleep apnea, hypertension, varicose veins, lumbar spine disability, hip arthritis, shoulder arthritis, ankle arthritis, knee strain, knee replacement, and hand arthritis. The only condition granted was a 10 percent rating for a fracture of the right proximal first metacarpal.
- Granted
The Board granted service connection for prostate cancer, related to in-service exposures at Camp Lejeune.
- Remanded (sent back)
The Board remands the claim for service connection for erectile dysfunction due to an inadequate VA opinion regarding its etiology.
- Denied
The Board denied service connection for various conditions, including sinusitis, elbows condition, cervical condition, erectile dysfunction, kidney condition, sleep apnea, wrists condition, asthma, shoulders condition, ankles condition, eye condition (bilateral dry macular degeneration), peripheral vascular disease (heart condition), and rhinitis.
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