The Board remands the appeal for further development, including obtaining a TERA opinion and a dose estimate of ionizing radiation exposure.
The deciding factor: There were pre-adjudicatory errors in failing to request the Veteran's DD Form 1141 through the service department and not requesting a dose estimate from the Under Secretary for Health as specified in the regulation. Additionally, a TERA opinion is required due to presumed exposures under the PACT Act.
- Claimed conditions
- diffuse large B-cell lymphoma, myelogenous leukemia, Waldenstrom Macroglobulinemia
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 9, 2024
- Citation
- A24064550
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 remands the claim for further development, including obtaining additional VA records and an addendum opinion to clarify the Veteran's diagnosis and provide a nexus opinion regarding service connection.
- Partly granted
The Board denied an initial compensable rating for diffuse large B-cell lymphoma and remanded the claim for a total disability rating based on individual unemployability (TDIU).
- Dismissed
The appeal regarding the restoration of a 100 percent evaluation for diffuse large B-cell lymphoma is dismissed as it has already been completely restored.
- Granted
The Veteran was granted Special Monthly Compensation (SMC) under two different sections due to service-connected disabilities.
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