The Board remands the case for an additional medical opinion regarding the etiology of the Veteran's esophageal cancer and its relation to service, including exposure to herbicide agents.
The deciding factor: The September 2020 VA opinion did not provide adequate reasoning as to why the 2008 study showing no association between herbicide agents and esophageal cancer outweighs the subsequent 2015 study showing a potential association.
- Claimed conditions
- esophageal cancer
- How they argued it
- Direct service connection
- Exposure basis
- Agent Orange / herbicides
- Rating assigned
- None in this decision
- Decision date
- January 6, 2023
- Citation
- 23000939
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 remands the claim for service connection for the Veteran's cause of death to correct predecisional duty to assist errors, including obtaining additional records and a medical nexus opinion.
- Granted
The Veteran's esophageal cancer is granted service connection due to herbicide exposure during his service in the Republic of Vietnam.
- Partly granted
The Board denied service connection for gastrointestinal cancer other than esophageal cancer and stomach cancer, brain cancer, and prostate cancer. The issues of entitlement to service connection for esophageal cancer, metastatic esophageal cancer, lung cancer, stomach cancer, and liver cancer were remanded.
- Remanded (sent back)
The Board remands the matter for a new medical opinion to address the etiology of the Veteran's esophageal cancer, considering his in-service herbicide agent exposure and service-connected posttraumatic stress disorder.
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