The Veteran has submitted a timely substantive appeal regarding the issue of whether new and material evidence has been submitted to reopen his claim for service connection for carcinoma of the throat. The case is remanded to clarify if he still desires a hearing before the Board.
The deciding factor: The Veteran's VA Form 9 was received within 60 days of the SOC, containing necessary identifying information.
- Claimed conditions
- carcinoma of the throat
- How they argued it
- Reopened with new and material evidence
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 30, 2009
- Citation
- 0945452
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 0945452.
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 appeal is being remanded to obtain proper notice and a VA examination for his claims. The issues are whether he has new evidence that would reopen his claim for service connection for carcinoma of the throat, and if so, whether he is entitled to compensation under 38 U.S.C.A. § 1151 for a nervous disorder due to medical treatment provided by VA in 1975.
- Remanded (sent back)
The Board has remanded the case for further development, including obtaining VA medical records and scheduling examinations to determine the current level of service-connected bilateral hearing loss, as well as diagnoses and etiologies for any claimed conditions. The appellant is advised that failure to cooperate with these examinations may result in an adverse determination.
- Remanded (sent back)
The Board has remanded both issues for compliance with the Veterans Claims Assistance Act of 2000 and for further development, including notification and readjudication.
- Granted
The Board has determined that the evidence is in equipoise as to whether the veteran's exposure to chemicals in service caused his tongue and throat cancer. Therefore, service connection for carcinoma of the tongue and throat due to such exposure is granted.
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