The Board has remanded the claims for esophageal cancer and chronic bronchitis due to Agent Orange exposure, as well as gastroesophageal reflux disease (GERD) secondary to esophageal cancer treatment. The claims are being remanded for further development and readjudication.
The deciding factor: The prior medical opinions were deemed inadequate by the Court of Appeals for Veterans Claims (CAVC), necessitating a new opinion from an independent expert on the etiology of the Veteran's conditions.
- Claimed conditions
- esophageal cancer, chronic bronchitis
- How they argued it
- Presumptive (no nexus needed)
- Exposure basis
- Agent Orange / herbicides
- Rating assigned
- None in this decision
- Decision date
- July 13, 2022
- Citation
- 22040167
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 22040167.
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.
- Remanded (sent back)
The Board has decided to remand the case due to a lack of adequate examination and opinion regarding the Veteran's claimed chronic bronchitis. The Veteran is seeking service connection for this condition, which was denied in an initial decision. The VA examiner did not address the medical record indicating a current diagnosis of chronic bronchitis.
- Dismissed
The Board has dismissed the appeals for service connection for depression, Gram Positive Cocci Condition, chronic bronchitis, irritable bowel syndrome, and diseases of Keratinization due to untimely filing of the Decision Review Request.
- Granted
The Board has granted service connection for chronic bronchitis, finding that the Veteran's current condition is related to his active duty service.
- Granted
The Board has granted service connection for the cause of death due to esophageal cancer, which is presumed to be related to exposure to herbicide agents during service in Vietnam.
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