The Veteran's claims for service connection are being remanded due to a duty to assist error in not obtaining opinions addressing all of the Veteran's toxic exposure risk activities, including garrison exposures. The Board finds that there is sufficient information to establish participation in Toxic Exposure Risk Activities (TERA) through garrison exposure and thus a pre-decisional duty to assist error occurred.
The deciding factor: The AOJ failed to obtain opinions addressing all of the Veteran's toxic exposure risk activities, including garrison exposures which are not addressed by existing TERA opinions.
- Claimed conditions
- neoplasm of the kidney status post left nephrectomy, prostate condition, to include prostate cancer and BPH
- How they argued it
- Presumptive (no nexus needed)
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- February 3, 2026
- Citation
- A26009930
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 A26009930.
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 of Veterans' Appeals has granted service connection for PTSD and Mood Disorders, both presumed conditions under the PACT Act.
- Dismissed
The Veteran's claim for an earlier effective date for diabetes mellitus type II with erectile dysfunction was denied as the evidence did not show that he had been diagnosed and manifested to at least a 10 percent disability rating on or prior to May 8, 2001.
- Granted
Service connection for Posttraumatic Stress Disorder (PTSD) is granted. The appeal as to the issue of entitlement to service connection for erectile dysfunction is dismissed.
- Remanded (sent back)
The Board has remanded the claims for additional development due to conflicting opinions regarding service connection for peripheral neuropathy, hypertension, and skin disabilities related to herbicide exposure.
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