The Veteran's appeals for GERD, right kidney condition, and macular degeneration have been withdrawn. The Board has remanded the claims for service connection for colon cancer and artery disability due to exposure to herbicide agents and/or contaminated water at Camp Lejeune.
The deciding factor: The Board found that the presumptions of service connection based on exposure to herbicide agents or contaminated water at Camp Lejeune are not warranted for the Veteran's diagnosed conditions, but he is still eligible for direct service connection with proof of actual causation.
- Claimed conditions
- Gastroesophageal reflux disorder (GERD), Right kidney condition, Macular degeneration disability, Colon cancer, Artery disability
- How they argued it
- Presumptive (no nexus needed)
- Exposure basis
- Camp Lejeune water
- Rating assigned
- None in this decision
- Decision date
- August 1, 2023
- Citation
- 23042202
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 23042202.
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 GERD is rated at 10 percent since May 2023. The Board has granted an initial rating of 60 percent for the condition, effective from May 19, 2024.
- Denied
The Board denied the Veteran's claims for increased ratings for his service-connected colon cancer disability, finding that there is inadequate evidence to support a compensable rating prior to March 23, 2021 and no increase in rating thereafter.
- Dismissed
The appeal for service connection of sinusitis is dismissed. The appeals for cervical spine disability, bilateral upper extremity radiculopathy, GERD, and migraine disability are remanded.
- Remanded (sent back)
The Veteran's claim for service connection for gastroesophageal reflux disorder (GERD) is being remanded due to an error in the AOJ decision and a need for a hearing.
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