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Remanded (sent back)PACT Act

The Veteran's claim for service connection for residuals of prostate cancer is granted.,Service connection for hypertension as due to exposure to herbicide agents is remanded. The AOJ should verify the Veteran's in-service exposure to herbicide agents and provide a VA examination if necessary.,The Veteran's claim for service connection for migraine headaches is remanded. A VA examination is needed to determine whether his current migraines are related to military service.,Service connection for bilateral hearing loss is remanded. The AOJ should obtain updated VA treatment records and afford the Veteran a VA examination if necessary.,The Veteran's claim for service connection for a skin disability, presumed to be skin cancer, due to exposure to herbicide agents is remanded. The AOJ should verify his in-service exposure to herbicide agents and provide a VA examination if necessary.,Service connection for an acquired psychiatric disorder, presumed to be PTSD, is remanded. The AOJ should obtain the Veteran's SSA records and afford him a VA examination.

The deciding factor: The Board finds that it is at least as likely as not that the Veteran was exposed to herbicide agents while serving in Thailand, which allows for presumptive service connection of diseases associated with herbicide exposure.,Verification of the Veteran's in-service exposure to herbicide agents is needed. The AOJ should obtain updated VA treatment records and provide a VA examination if necessary.,The August 2015 VA examiner did not consider the Veteran's lay testimony at his January 2019 hearing, which stated that he had headaches since service and they were the same type as in service. A new opinion is needed to address this issue.,Updated records of any VA treatment should be procured. The AOJ should obtain updated VA treatment records and provide a VA examination if necessary.,The Veteran's current diagnosis of skin cancer is presumed due to exposure to herbicide agents. Verification of his in-service exposure to herbicide agents is needed. The AOJ should verify the Veteran's in-service exposure to herbicide agents and provide a VA examination if necessary.,Verification of the Veteran's in-service exposure to herbicide agents is needed. The AOJ should obtain updated VA treatment records, afford the Veteran a VA examination, and obtain his SSA records.

Claimed conditions
prostate cancer, hypertension, migraine headaches, bilateral hearing loss, skin disability (presumed to be skin cancer), acquired psychiatric disorder (presumed to be PTSD)
How they argued it
Not specified
Exposure basis
None
Rating assigned
None in this decision
Decision date
December 1, 2021
Citation
21071840

This is a plain-language summary generated by AI from a public Board of Veterans’ Appeals decision. It can contain errors — always verify against the original. Look up the original decision on VA.gov (opens in a new tab) using citation 21071840.

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.

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