The Veteran's cancer of the larynx with metastasis to the lungs is service-connected due to exposure to herbicides in Vietnam, and the Board finds that it is at least as likely as not that the primary site of his most recent cancer was the larynx.
The deciding factor: Cancer of the larynx is presumed by regulation to be due to herbicide exposure. The Veteran's cancer developed after he served in the Republic of Vietnam, and the Board finds it at least as likely as not that the primary site of his most recent cancer was the larynx.
- Claimed conditions
- cancer of the respiratory tract, squamous cell carcinoma of the hypopharynx, squamous cell carcinoma of the larynx with metastasis to the lungs
- How they argued it
- Presumptive (no nexus needed)
- Exposure basis
- Gulf War
- Rating assigned
- None in this decision
- Decision date
- June 30, 2009
- Citation
- 0924530
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 0924530.
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.
- Remanded (sent back)
The Veteran's claim for service connection for cancer of the mouth, throat, or respiratory tract is remanded due to new evidence submitted after a previous denial. The Board finds that the evidence does not meet the standard for 'new and relevant' evidence as it pertains to esophageal cancer but considers squamous cell carcinoma of the oropharynx related to Agent Orange exposure.
- Dismissed
The claims for service connection and TDIU from April 1, 2015 have been granted by a VA rating decision dated April 2020. The Board has dismissed the appeal due to lack of jurisdiction as the claims are moot.
- Remanded (sent back)
The Board previously denied service connection for squamous cell carcinoma of the hypopharynx. The Court remanded the case due to insufficient reasons and bases provided by the Board regarding the potential link between in-service herbicide exposure and the cancer.
- Remanded (sent back)
The Board has remanded the Veteran's claims for service connection and TDIU due to a need for further medical examination regarding his squamous cell carcinoma of the hypopharynx, which is presumed to be related to herbicide exposure during service.
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