The Board has restored service connection for squamous cell carcinoma of the hypopharynx, finding that the grant of service connection was not clearly and unmistakably erroneous. The issue of entitlement to special monthly compensation based on need for aid and attendance or housebound status is remanded.
The deciding factor: Service connection for squamous cell carcinoma of the hypopharynx was improperly severed due to a misclassification of the anatomical location as an oral cancer rather than a respiratory cancer, which does not fall under the presumptive service connection based on herbicide exposure. The Board found that this error is not clearly and unmistakable.
- Claimed conditions
- squamous cell carcinoma of the hypopharynx
- How they argued it
- Presumptive (no nexus needed)
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- September 22, 2009
- Citation
- 0935767
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 0935767.
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.
- 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.
- Granted
The Board has determined that the Veteran's death was caused by squamous cell carcinoma of the hypopharynx, which is a metastasis of primary laryngeal cancer. Given his exposure to Agent Orange in Vietnam and the presumption of service connection for respiratory cancers associated with herbicide exposure, the cause of death is presumed related to service.
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