The Board denied the veteran's claims for service connection for cancer of the left kidney, cancer of the left tonsil, and cancer of the trachea, all claimed as due to herbicide exposure during service in Vietnam. The evidence did not support a finding that these conditions were incurred or aggravated by military service.
The deciding factor: The Board found no competent medical evidence linking the veteran's current disabilities to his active service or to presumed herbicide exposure.
- Claimed conditions
- cancer of the left kidney, cancer of the left tonsil, cancer of the trachea
- How they argued it
- Presumptive (no nexus needed)
- Exposure basis
- Burn pits / airborne hazards
- Rating
- Not verified here — check the original decision
- Decision date
- October 12, 2004
- Citation
- 0428090
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. Search VA.gov for the original decision (opens in a new tab) using citation 0428090.
What this means for you
A final Board denial may be appealed to the U.S. Court of Appeals for Veterans Claims, generally within 120 days of the Board mailing date. A Supplemental Claim with new and relevant evidence is a separate option. Another Higher-Level Review of the Board decision is not available. Check your own notice: this historical decision does not set your deadline.
What you can do next
Use your own notice and decision stage. A remanded issue is not a final court-appealable denial. VA review guidance and CAVC filing instructions (U.S. federal; reviewed October 7, 2026).
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Whole decision: Granted
The Board has granted service connection for right ear hearing loss and cancer of the left tonsil, both related to exposure to herbicide agents in Vietnam. The Veteran's right ear hearing loss was diagnosed during service with significant threshold shifts, meeting VA criteria for a disability. His cancer of the left tonsil is presumed to be due to his exposure to herbicides.
- Whole decision: Remanded (sent back)
The Veteran's claim for service connection for cancer of the left tonsil and tongue, which he contends was caused by exposure to herbicide agents during service, is being remanded due to a lack of a VA medical opinion on the nature and etiology of his condition.
- Whole decision: Granted
The Board has granted service connection for left kidney cancer due to exposure to herbicides, but denied service connection for rectal cancer.
- Whole decision: Dismissed
The Veteran's appeal for a higher rating for bilateral hearing loss disability has been dismissed. The Board has remanded the issues of service connection for cancer of the trachea and thyroid cancer due to radiation exposure, as well as service connection for sleep apnea and depression.
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