The Veteran seeks service connection for squamous cell carcinoma of the neck, claimed as cancer of the respiratory system, which he maintains was incurred in-service due to Agent Orange exposure. The claim is being remanded for further development and medical opinion.
The deciding factor: Further investigation by a medical expert is needed to determine if the most likely site of origin of the Veteran's squamous cell carcinoma is the respiratory system and whether it is at least as likely as not related to his service, including in-service Agent Orange exposure.
- Claimed conditions
- squamous cell carcinoma of the neck
- How they argued it
- Presumptive (no nexus needed)
- Exposure basis
- Agent Orange / herbicides
- Rating assigned
- None in this decision
- Decision date
- November 18, 2009
- Citation
- 0943879
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 0943879.
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.
- Denied
The Veteran's service connection claims for squamous cell carcinoma of the neck and bad teeth with dry mouth as secondary to squamous cell carcinoma of the neck have been denied. The Board found that there is no evidence linking these conditions to his military service, including presumed herbicide exposure.
- Denied
The Board denied service connection for larynx cancer and squamous cell carcinoma of the neck, finding no evidence linking these conditions to military service or exposure to herbicide agents.
- Denied
The Board denied service connection for squamous cell carcinoma of the neck, tonsil, lymph nodes, larynx, and tongue as there is no current diagnosis or evidence linking these conditions to service.
- Remanded (sent back)
The Board has remanded the case due to an inadequate VA opinion regarding service connection for larynx cancer, including squamous cell carcinoma of the neck. The Veteran's claim will be reviewed by a qualified examiner who must provide an updated opinion on whether it is at least as likely as not that the cancer is related to service, specifically herbicide exposure.
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