The Board has remanded the case due to a duty to assist error, specifically regarding the relationship between the Veteran's atherosclerotic cerebrovascular accident and his in-service exposure to herbicide agents. The examiner is asked to provide an opinion on whether this condition qualifies as ischemic heart disease for purposes of presumptive service connection.
The deciding factor: The Board found that the previous VA examiner did not address the appellant's allegation that atherosclerotic cerebrovascular accident has a related or similar pathophysiology to ischemic heart disease, which is entitled to presumptive service connection.
- Claimed conditions
- metastatic melanoma, atherosclerotic cerebrovascular accident
- How they argued it
- Presumptive (no nexus needed)
- Exposure basis
- Agent Orange / herbicides
- Rating assigned
- None in this decision
- Decision date
- August 20, 2024
- Citation
- A24048047
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 A24048047.
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 the Veteran's claim for service connection for metastatic melanoma, finding that it is related to in-service sun exposure.
- Denied
The Veteran's cause of death was not related to his military service, including any in-service dental work or ionizing radiation exposure. The Board denied the claim for service connection.
- Remanded (sent back)
The Veteran's death was attributed to metastatic melanoma, which the Board finds meets the first requirement of service connection. However, due to a pre-decisional duty to assist error, the Board must now obtain medical opinions regarding the nature and etiology of both conditions.
- Remanded (sent back)
The Veteran's claims for service connection are being remanded due to duty-to-assist errors. The Board finds that VA is obligated to provide an examination or medical opinion in a claim of service connection when the record contains competent evidence of a current disability or persistent or recurrent symptoms of a disability, and the record indicates that the disability may be associated with active service.
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