The Veteran's prostate cancer is remanded due to a pre-decisional duty to assist error and the need for an examination. The PACT Act requires VA to provide a medical examination and obtain a medical opinion when there is evidence of a disability, participation in a TERA, and such evidence is not sufficient to establish service connection.
The deciding factor: The Veteran's current prostate cancer may be related to his service-connected exposure to jet fuel, but the AOJ did not commit a pre-decisional duty to assist error regarding the PACT Act as it was not in effect at the time of the decision now on appeal. However, remand is necessary for development of an individual longitudinal exposure record (ILER) and a TERA opinion.
- Claimed conditions
- prostate cancer
- How they argued it
- Aggravation of a pre-existing condition
- Exposure basis
- Burn pits / airborne hazards
- Rating assigned
- None in this decision
- Decision date
- September 9, 2024
- Citation
- A24053811
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 A24053811.
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.
- Denied
The Board denied service connection for diabetes mellitus, prostate cancer, visual impairment, hypertension, and erectile dysfunction due to lack of exposure to herbicide agents during service. The Veteran's claims were not granted.
- Granted
The Veteran's claim for service connection for prostate cancer, bone cancer, and lymph node cancer has been granted. The prostate cancer is presumed due to herbicide agent exposure during service at RTAFB Takhli. Bone cancer is secondary to the service-connected prostate cancer. Lymph node cancer is also considered secondary to prostate cancer.
- Denied
The Board denied service connection for diabetes mellitus, prostate cancer, ischemic heart disease, right lower extremity peripheral artery disease, left lower extremity peripheral artery disease, and hypertension as the evidence did not establish an in-service event or exposure to herbicide agents.
- Remanded (sent back)
The Board has granted service connection for prostate cancer but remanded the claim for PTSD due to insufficient verification of stressor incidents.
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