The Veteran seeks service connection for cancer of the left tonsil, which he asserts was caused or aggravated by his exposure to herbicides such as Agent Orange during his service in Vietnam. The VA has determined that tonsillar cancers are not entitled to coverage under the presumptions because no clear statistical correlation with herbicide exposure has been found. However, an award of service connection based on direct causation is still possible.
The deciding factor: The Veteran's cancer of the left tonsil was not covered by the presumptive provisions for herbicide exposure, but may be service-connected based on direct causation.
- Claimed conditions
- cancer of the left tonsil
- How they argued it
- Presumptive (no nexus needed)
- Exposure basis
- Agent Orange / herbicides
- Rating assigned
- None in this decision
- Decision date
- May 10, 2013
- Citation
- 1315431
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 1315431.
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.
- Granted
The Board has granted service connection for right ear hearing loss and cancer of the left tonsil, both related to exposure to herbicide agents in Vietnam. The Veteran's right ear hearing loss was diagnosed during service with significant threshold shifts, meeting VA criteria for a disability. His cancer of the left tonsil is presumed to be due to his exposure to herbicides.
- Remanded (sent back)
The Veteran's claim for service connection for cancer of the left tonsil and tongue, which he contends was caused by exposure to herbicide agents during service, is being remanded due to a lack of a VA medical opinion on the nature and etiology of his condition.
- Remanded (sent back)
The Veteran's appeal is remanded for additional development, including a VA examination to determine if his cancer of the left tonsil and tongue base is related to service exposure to herbicides. An audiologist will also be asked to review the claims file to assess whether his hearing loss in both ears is due to in-service acoustic trauma.
- Denied
The Board has determined that the Veteran's cancer of the left tonsil did not have its onset during active military service or within one year of his discharge from service, and is not etiologically related to service. Therefore, service connection for this condition cannot be established.
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