The Board has remanded the Veteran's claims for prostate cancer and chronic lymphocytic leukemia due to exposure to herbicide agents, specifically Agent Orange. The RO is required to complete all development in the PACT Act sub-regulatory guidance, including documenting the Veteran's participation in all TERAs and verifying his service in Guam. If exposure to herbicides can be conceded on a presumptive basis under the PACT Act, then a direct service connection opinion is needed for the period prior to August 10, 2022.
The deciding factor: The Board found that the Veteran's exposure to herbicide agents may be presumed due to his service in Guam and Clark Air Force Base. However, the claim cannot be granted based on the current evidence of record. The RO is required to complete TERA development and provide a direct service connection opinion for the period prior to August 10, 2022.
- Claimed conditions
- prostate cancer, chronic lymphocytic leukemia
- How they argued it
- Presumptive (no nexus needed)
- Exposure basis
- Agent Orange / herbicides
- Rating assigned
- None in this decision
- Decision date
- August 7, 2023
- Citation
- 23043911
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 23043911.
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.
- Denied
The Board denied service connection for diabetes mellitus, prostate cancer, visual impairment, hypertension, and erectile dysfunction due to lack of exposure to herbicide agents during service. The Veteran's claims were not granted.
- Granted
The Veteran's claim for service connection for prostate cancer, bone cancer, and lymph node cancer has been granted. The prostate cancer is presumed due to herbicide agent exposure during service at RTAFB Takhli. Bone cancer is secondary to the service-connected prostate cancer. Lymph node cancer is also considered secondary to prostate cancer.
- Denied
The Board denied service connection for diabetes mellitus, prostate cancer, ischemic heart disease, right lower extremity peripheral artery disease, left lower extremity peripheral artery disease, and hypertension as the evidence did not establish an in-service event or exposure to herbicide agents.
- Remanded (sent back)
The Board has granted service connection for prostate cancer but remanded the claim for PTSD due to insufficient verification of stressor incidents.
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