The appeal is remanded for a VA examination to determine if the veteran's squamous cell carcinoma is related to service, specifically herbicide exposure.
The deciding factor: The examiner could not exclusively state that the condition was a direct result of Agent Orange exposure but opined that there was at least as likely as not a probability that it was related due to such exposure.
- Claimed conditions
- squamous cell carcinoma
- How they argued it
- Presumptive (no nexus needed)
- Exposure basis
- Agent Orange / herbicides
- Rating assigned
- None in this decision
- Decision date
- April 8, 2008
- Citation
- 0811546
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.
- Partly granted
The appeal for service connection for skin cancer was dismissed due to untimeliness, while the claim for squamous cell carcinoma was granted.
- Partly granted
The Board dismissed the claim for service connection for headaches and remanded claims for service connection for various other conditions, including open angle glaucoma, sensorineural hearing loss, asthma, heart disease, bladder cancer, and squamous cell carcinoma.
- Granted
The Board granted service connection for squamous cell carcinoma, finding that the Veteran's condition is related to his active service, including conceded in-service exposure to Agent Orange.
- Granted
The Board granted service connection for the cause of the Veteran's death, finding that squamous cell carcinoma was a complication of his service-connected hidradenitis suppurativa.
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.