The Board remands the issues of earlier effective dates for various conditions associated with herbicide exposure, including squamous cell lung cancer and coronary artery disease, as well as peripheral neuropathy in multiple extremities.
The deciding factor: Remand is necessary to issue a Statement of the Case (SOC) following a timely notice of disagreement regarding the March 2017 rating decision.
- Claimed conditions
- squamous cell lung cancer/malignant neoplasm associated with herbicide exposure, coronary artery disease, peripheral neuropathy, left (minor) upper extremity, radial, median and ulnar nerve, peripheral neuropathy, right (major) upper extremity, radial, median and ulnar nerve, peripheral neuropathy of the left lower extremity, sciatic nerve, peripheral neuropathy of the right lower extremity, sciatic nerve, peripheral neuropathy of the right lower extremity, femoral nerve, peripheral neuropathy of the left lower extremity, femoral nerve
- How they argued it
- Not specified
- Exposure basis
- Agent Orange / herbicides
- Rating assigned
- None in this decision
- Decision date
- October 9, 2024
- Citation
- 24031651
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.
- Dismissed
The appeal for a compensable rating for left ear hearing loss, service connection for right ear hearing loss, and bilateral vision condition was dismissed. Service connection for hypertension, congestive heart failure, and coronary artery disease was denied.
- Remanded (sent back)
The Board remands the claims for service connection for spinal stenosis, peripheral neuropathy, and bilateral lower extremity radiculopathy to correct pre-decisional duty to assist errors.
- Granted
The Board granted service connection for obstructive sleep apnea, diabetes mellitus, type II, left eye diabetic retinopathy, left foot diabetic peripheral neuropathy, right foot diabetic peripheral neuropathy, and coronary artery disease, as well as the Veteran's cause of death.
- Remanded (sent back)
The Board remands the claim for service connection for coronary artery disease to correct duty to assist errors, as there are no adequate medical opinions of record.
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