The Board found clear and unmistakable error in the denial of service connection for the cause of death due to laryngeal cancer, which was later found to be subject to presumptive service connection based on exposure to herbicides during service. The effective date is set as June 9, 1994.
The deciding factor: The Board determined that new and material evidence (VA treatment records dated from September 1992 through December 1993 showing laryngeal cancer) was not considered in the prior decision due to incorrect application of then-existing laws regarding presumptive service connection based on herbicide exposure.
- Claimed conditions
- laryngeal cancer
- How they argued it
- Presumptive (no nexus needed)
- Exposure basis
- Gulf War
- Rating assigned
- None in this decision
- Decision date
- October 21, 2013
- Citation
- 1332871
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 1332871.
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.
- Granted
The Veteran's diabetes mellitus type II has been granted an increased rating of 40 percent, but no higher, for diabetic peripheral neuropathy affecting the left lower extremity.,The Veteran's diabetes mellitus type II has also been granted an increased rating of 40 percent, but no higher, for diabetic peripheral neuropathy affecting the right lower extremity.
- Granted
The Veteran's service connection claims for coronary artery disease, diabetes mellitus type II, and laryngeal cancer are granted due to presumed exposure to herbicide agents during his military service.
- Dismissed
The appeal for service connection for cause of death due to laryngeal cancer is dismissed as moot. The appeal for hypertension secondary to salivary gland injury is denied. Service connection for hypertension is granted based on the PACT Act presumption of herbicide exposure.
- Remanded (sent back)
The Board has remanded the case due to inadequate medical opinion regarding the Veteran's laryngeal cancer and its connection to service, specifically Agent Orange exposure.
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