The Board has determined that the VA did not obtain a medical opinion regarding the relationship between the Veteran's amyloidosis, kidney failure, and his death due to fluid overload. The Board finds this error was in violation of the PACT Act and thus remands for further action.
The deciding factor: The PACT Act requires VA to provide an examination and secure a medical nexus opinion when a veteran has evidence of participation in a toxic exposure risk activity (TERA) but not sufficient evidence to establish service connection, unless the cause of death is listed in M21-1 as related to asbestos exposure.
- Claimed conditions
- amyloidosis, kidney failure
- How they argued it
- Reopened with new and material evidence
- Exposure basis
- Agent Orange / herbicides
- Rating assigned
- None in this decision
- Decision date
- November 20, 2024
- Citation
- A24076529
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 A24076529.
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 has decided that the Veteran's amyloidosis is due to exposure to herbicide agents, but there was a duty to assist error in not obtaining an opinion on whether his ATTR amyloidosis is a form of AL amyloidosis or if it is related to herbicide agent exposure. The case is being remanded for further development.
- Granted
The Board has granted service connection for a right shoulder pain disability and denied the claims for erectile dysfunction, left shoulder condition, diabetes, kidney failure, and stomach upper and lower conditions.
- Remanded (sent back)
The Board has remanded the claims for hypertension and kidney failure due to potential exposure to herbicides during service. The appellant must provide a new TERA memorandum addressing his claimed exposure, specifically considering the January 2024 Gagetown Commission Report.
- Remanded (sent back)
The Board has determined that new and relevant evidence has been received to readjudicate the previously denied claims of service connection for hypertension and kidney failure. The AOJ is required to consider this new evidence in deciding these claims.
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