The Board remanded the Veteran's appeal of the effective date for service connection awards for prostate cancer and residuals, as well as initial disability ratings, to allow further development regarding potential presumptive exposure to herbicide agents via service aboard U.S.S. Southerland in Vietnamese territorial waters and to obtain a medical opinion regarding direct causation if presumptive exposure cannot be established. The case was complicated by service connection being granted under the PACT Act effective August 10, 2022, while the Veteran's claim was filed in December 2020.
The deciding factor: The Board found remand warranted to correct pre-decisional duty to assist errors by verifying the Veteran's potential in-service exposure to herbicide agents (specifically whether U.S.S. Southerland sailed within 12 nautical miles of the Republic of Vietnam in September-October 1972 when deck logs were unavailable) and to obtain a medical examination and opinion regarding direct causation of prostate cancer and residuals from alleged exposure to AFFF and PKP, as required by 38 U.S.C. § 1168(a) when a veteran has evidence of disability and participation in a toxic exposure risk activity.
- Claimed conditions
- prostate cancer, erectile dysfunction, prostate cancer scar
- How they argued it
- Presumptive (no nexus needed)
- Exposure basis
- Agent Orange / herbicides
- Rating assigned
- 20%
- Decision date
- April 1, 2025
- Citation
- A25029864
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 various conditions, including prostate cancer and related disabilities, urinary incontinence, sleep apnea, hypertension, varicose veins, lumbar spine disability, hip arthritis, shoulder arthritis, ankle arthritis, knee strain, knee replacement, and hand arthritis. The only condition granted was a 10 percent rating for a fracture of the right proximal first metacarpal.
- Granted
The Board granted service connection for prostate cancer, related to in-service exposures at Camp Lejeune.
- Remanded (sent back)
The Board remands the claim for service connection for erectile dysfunction due to an inadequate VA opinion regarding its etiology.
- Denied
The Board denied service connection for various conditions, including sinusitis, elbows condition, cervical condition, erectile dysfunction, kidney condition, sleep apnea, wrists condition, asthma, shoulders condition, ankles condition, eye condition (bilateral dry macular degeneration), peripheral vascular disease (heart condition), and rhinitis.
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