The Board found that the veteran's tonsillar carcinoma was causally related to his military service, and granted service connection for the cause of death. The appellant is entitled to accrued benefits based on this service connection.
The deciding factor: The Court reversed the Board's decision and found a definite and firm conviction that the veteran's tonsillar carcinoma was causally related to service or herbicide exposure therein.
- Claimed conditions
- tonsillar carcinoma
- How they argued it
- Presumptive (no nexus needed)
- Exposure basis
- Agent Orange / herbicides
- Rating assigned
- None in this decision
- Decision date
- January 27, 2009
- Citation
- 0902814
Veterans Law Judge
Decisions by this judge: 1,500 · Granted: 17% (granted or partly granted, in the vetted 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. Look up the original decision on VA.gov (opens in a new tab) using citation 0902814.
What this means for you
A grant means the Board agreed the veteran was entitled to the benefit. Decisions like this show the kind of evidence and arguments that tend to succeed for claims like it.
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 claims for service connection for tonsillar carcinoma and for death benefits under 38 U.S.C. § 1318, finding that there was no evidence of a nexus to service and that the Veteran did not meet the criteria for total disability due to his condition.
- Denied
The Board of Veterans' Appeals has denied the claim for service connection for tonsillar carcinoma, finding that there is no evidence of chronic tonsillar cancer in service or within a presumptive period. The appellant's contention regarding Agent Orange exposure was not supported by the VA medical opinion and other evidence. Service connection cannot be established on direct or presumptive basis.
- Denied
The Board found that the Veteran's tonsillar carcinoma did not occur during service and could not be linked to ionizing radiation exposure. Therefore, service connection for residuals of tonsillar carcinoma was denied.
- Denied
The Veteran's death was not caused by a service-connected disability, and the Board found no evidence linking his causes of death to his military service or herbicide exposure.
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