The Board found that the veteran's squamous cell carcinoma of the tonsil was not incurred in or aggravated by his active duty service, nor may it be presumed to have been incurred in or aggravated by such service. The evidence did not support a finding of direct service connection and the presumptive provisions under 38 C.F.R. § 3.309(d) were not applicable due to lack of participation in a radiation-risk activity.
The deciding factor: The medical opinions provided did not establish a link between the veteran's exposure to ionizing radiation during active duty service and his current squamous cell carcinoma of the tonsil, nor could it be determined that such cancer was incurred or aggravated by service.
- Claimed conditions
- squamous cell carcinoma of the tonsil
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- February 24, 2006
- Citation
- 0605295
Veterans Law Judge
Decisions by this judge: 1,500 · Granted: 17% (granted or partly granted, in the indexed decisions on this site)
Judge attribution: 2025 complete; earlier years partial.
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 0605295.
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 Veteran's squamous cell carcinoma of the tonsil is granted service connection due to herbicide exposure during service. The cause of death, metastatic head cancer, is also granted as it was a contributory cause.
- Whole decision: Remanded (sent back)
The Board has decided to remand the case due to a lack of medical opinion and consideration of prior service. The claim for service connection for cause of death is being reconsidered.
- Whole decision: Denied
The Board denied the Veteran's claim for service connection for squamous cell carcinoma of the tonsil, finding that there was no evidence linking the cancer to his military service or toxic exposures.
- Whole decision: Granted
The Board has granted service connection for a back disability and squamous cell carcinoma of the tonsil, finding that both conditions are at least as likely as not caused by the Veteran's active duty service. The claimant's significant exposure to herbicide agents in Vietnam is considered relevant evidence.
Free starter guide for your own claim
Reading this because you were denied or under-rated? Get the plain-English next steps — your appeal options, the deadline that protects you, and how appeals like yours turn out. One email, no spam.
We will only use this to send the guide. No spam, unsubscribe any time. We never sell your information.
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.