The Board has found that the Veteran's exposure to herbicides during service is not established, and thus his claims for thyroid cancer (hypothyroidism), stage 3 chronic kidney disease, and bilateral lower extremity nerve damage are remanded due to a pre-decisional error in determining presumptive exposure.
The deciding factor: The Board found that the evidence did not show the Veteran had duty or visitation in the Republic of Vietnam, but logbook records showed he was at coordinates within the 12-mile coastal waters of Vietnam on April 8, 1970.
- Claimed conditions
- thyroid cancer (hypothyroidism), stage 3 chronic kidney disease, nerve damage right lower extremity, nerve damage left lower extremity
- How they argued it
- Presumptive (no nexus needed)
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- July 1, 2024
- Citation
- A24035264
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 A24035264.
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 Veteran's appeal is remanded for further development regarding his service connection claim for obstructive sleep apnea (OSA). The Board finds the available opinions inadequate and requires a new VA examination to determine if OSA is related to service, including conceded exposure to herbicide agents. If related, the examiner must also consider whether it was caused or aggravated by his service-connected type 2 diabetes mellitus.
- Denied
The Board denied service connection for diabetes mellitus type II, gastroesophageal reflux disease (GERD), hiatal hernia, stage 3 chronic kidney disease, varicose veins of the right lower extremity, and varicose veins of the left lower extremity as there was no evidence to support a nexus between these conditions and the Veteran's service.
- Denied
The Board denied an initial compensable rating for stage 3 chronic kidney disease and remanded the claims for increased ratings for back disability, right lower extremity sciatic radiculopathy, and left lower extremity sciatic radiculopathy.
- Denied
The Board denied service connection for a kidney disorder, finding that the current kidney disorder is not causally related to service. The medical evidence did not support a nexus between the in-service complaints and the current diagnosis of chronic kidney disease.
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