The Veteran's cause of death is being remanded due to the need for an opinion on whether his gastric cancer was related to his presumed exposure to herbicide agents while serving in Vietnam. The appellant seeks service connection based on both a secondary theory (related to larynx cancer) and a direct theory (Agent Orange exposure).
The deciding factor: The AOJ failed to obtain an opinion addressing the appellant's alternative theory of entitlement based on a direct connection due to Agent Orange exposure.
- Claimed conditions
- gastric cancer, larynx cancer, lung cancer (primary)
- How they argued it
- Secondary to another service-connected condition
- Exposure basis
- Agent Orange / herbicides
- Rating assigned
- None in this decision
- Decision date
- November 20, 2023
- Citation
- A23032908
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 A23032908.
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.
- Granted
The Veteran's cause of death, gastric cancer, is related to his exposure to contaminated water at Camp Lejeune during service. The Board granted service connection for the cause of death based on direct service connection.
- Remanded (sent back)
The Board has remanded the case due to a duty to assist error regarding the relationship between the Veteran's toxic exposure and his cause of death, gastric cancer. The VA clinician provided an inadequate opinion.
- Granted
The Board has granted the Veteran's claim for service connection for larynx cancer, finding that there is at least an even balance of evidence to support a link between the condition and toxic exposures in service. The decision resolves any doubt in favor of the Veteran.
- Remanded (sent back)
The Board has determined that the AOJ failed to identify presumptive toxic exposures, including garrison exposure(s), associated with the Veteran's MOSs or obtain a related medical opinion addressing whether there is a nexus between any such exposure and the Veteran's gastric cancer. The case is being remanded for further development.
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