The veteran seeks service connection for mouth cancer, claimed as epidermoid squamous cell carcinoma of the uvula localized in the oropharynx. The RO denied his claim on both direct and presumptive bases due to lack of evidence linking the condition to herbicide exposure. The case is remanded for additional development including obtaining treatment records and a medical opinion.
The deciding factor: The veteran's cancer was not linked to herbicide exposure as there were no records of laryngeal cancer at the time of diagnosis or any current evidence of such.
- Claimed conditions
- epidermoid squamous cell carcinoma of the uvula localized in the oropharynx
- How they argued it
- Presumptive (no nexus needed)
- Exposure basis
- Agent Orange / herbicides
- Rating assigned
- None in this decision
- Decision date
- November 24, 2004
- Citation
- 0431219
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 0431219.
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 the veteran's claim for service connection for epidermoid squamous cell carcinoma of the uvula localized in the oropharynx, claimed as mouth cancer, due to exposure to herbicides. The evidence did not meet the requirements for presumptive service connection based on Agent Orange exposure.
- 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.
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