The Board has denied service connection for soft tissue sarcoma, right lower extremity peripheral neuropathy, and left lower extremity peripheral neuropathy. The case is remanded for further examination regarding the Veteran's kidney cancer.
The deciding factor: The July 2023 VA examiner did not address whether there is a nexus between the Veteran's renal cell carcinoma and his toxic exposure risk activities or herbicide agent exposure, which are required to provide an adequate opinion.
- Claimed conditions
- soft tissue sarcoma, right lower extremity peripheral neuropathy, left lower extremity peripheral neuropathy, kidney cancer
- How they argued it
- Presumptive (no nexus needed)
- Exposure basis
- Agent Orange / herbicides
- Rating assigned
- None in this decision
- Decision date
- September 21, 2023
- Citation
- 23052247
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 23052247.
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 has decided to remand the claims for service connection for kidney cancer and chronic kidney disease due to a duty to assist error. The AOJ is required to conduct further development, including obtaining an addendum opinion from a qualified VA examiner regarding the Veteran's exposure to in-service toxic exposures involving fire smoke.
- Remanded (sent back)
The Board has remanded the claims for service connection due to a duty to assist error, specifically regarding the Veteran's exposure to mercury in dental amalgams and asbestos during service. A VA medical opinion is needed to determine if these exposures are related to his claimed disabilities.
- Dismissed
The appeal concerning earlier effective dates for service connection and disability ratings has been dismissed.,No new evidence or arguments were provided to support the claims.
- Remanded (sent back)
The Board has remanded the Veteran's claims for service connection for kidney cancer and lung cancer due to a lack of adequate medical opinion regarding the etiology of his kidney cancer, which is presumed to be related to herbicide exposure. The claim for lung cancer is inextricably intertwined with the kidney cancer claim.
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