The Board has remanded the Veteran's claims for service connection due to his exposure to hazardous substances during his Persian Gulf War service in the Southwest Asia theater of operations. The claims include CLL, a left ankle condition, and a right knee condition. Remand is necessary to obtain medical opinions regarding the nature and etiology of these conditions.
The deciding factor: The Veteran's service records show service in the Southwest Asia theater of operations during the Persian Gulf War, presumptively exposing him to hazardous substances including burn pits. The VA examiner found that CLL was not as likely caused by his exposure to very low levels of sarin and/or cyclosarin gases but did not consider other hazardous substances he may have been exposed to.
- Claimed conditions
- Chronic Lymphocytic Leukemia (CLL), Left ankle condition, Right knee condition
- How they argued it
- Presumptive (no nexus needed)
- Exposure basis
- Burn pits / airborne hazards
- Rating assigned
- None in this decision
- Decision date
- August 30, 2023
- Citation
- 23047875
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 23047875.
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 Board has granted service connection for the Veteran's right knee condition as secondary to his service-connected right ankle condition.
- Dismissed
The Board dismissed the Veteran's appeals for higher disability ratings in excess of 20 percent for cervical spine and lumbar spine conditions, left knee condition, right knee condition, and sinusitis. The Veteran was granted service connection for chronic laryngeal papillomatosis.
- Remanded (sent back)
The Board has remanded the claims of service connection for psychiatric disorder, right shoulder condition, and right knee condition due to duty-to-assist errors.
- Remanded (sent back)
The Board has determined that new and relevant evidence has been received to readjudicate the claim of entitlement to service connection for right knee condition. The AOJ is therefore remanding this case.
Free starter guide for your own claim
Reading this because you were denied or under-rated? Get the plain-English next steps — your appeal options, the deadline that protects you, and how appeals like yours turn out. One email, no spam.
We will only use this to send the guide. No spam, unsubscribe any time. We never sell your information.
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.