The Board has determined that the claim for service connection for cause of death secondary to exposure to herbicides cannot be reopened as there is no new and material evidence.,The claim for compensation benefits pursuant to 38 U.S.C.A. § 1151 for additional disability claimed as the cause of death due to an October 1999 fall from a hospital bed at a VA medical facility has been denied because the proximate cause was not reasonably foreseeable.
The deciding factor: The evidence does not establish that the Veteran's squamous cell carcinoma of the oral cavity shown as the primary site was caused by exposure to herbicides, and no available scientific or medical evidence supports this contention. The appellant has not been shown to be competent to opine regarding whether the cause of death was due to exposure to herbicides.
- Claimed conditions
- squamous cell carcinoma of the oral cavity
- How they argued it
- Not specified
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- March 9, 2011
- Citation
- 1109269
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. Read the original VA decision (opens in a new tab) using citation 1109269.
What this means for you
A final Board denial may be appealed to the U.S. Court of Appeals for Veterans Claims, generally within 120 days of the Board mailing date. A Supplemental Claim with new and relevant evidence is a separate option. Another Higher-Level Review of the Board decision is not available. Check your own notice: this historical decision does not set your deadline.
What you can do next
Use your own notice and decision stage. A remanded issue is not a final court-appealable denial. VA review guidance and CAVC filing instructions (U.S. federal; reviewed October 7, 2026).
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Whole decision: Remanded (sent back)
The Board has decided to remand the case due to a need for clarification on whether the Veteran's lung cancer is primary or metastatic from his oral cavity, and if it is metastatic, to determine its etiology related to in-service herbicide exposure.
- Whole decision: Granted
The Veteran's claims for service connection have been granted, with the exception of a throat disability related to cancer surgery. The evidence is at least in equipoise as to whether his squamous cell carcinoma and other conditions are related to exposure to chemicals at Camp Lejeune.
- Whole decision: Remanded (sent back)
The Board has remanded the case due to a need for an opinion regarding the cause of the Veteran's death, specifically whether his service-connected conditions contributed to his cancer and ultimately caused his death.
- Whole decision: Granted
The Veteran's squamous cell carcinoma of the oral cavity is found to be related to his exposure to herbicides in service, and thus service connection is granted.
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