The Board has remanded the case due to a need for a medical nexus opinion on whether the Veteran's squamous cell carcinoma of the floor of the mouth is causally related to service exposure to Agent Orange. The Veteran served in Vietnam and is presumed to have been exposed to Agent Orange.
The deciding factor: The May 2013 Board denial erred in not obtaining a medical nexus opinion on whether the Veteran's squamous cell carcinoma of the floor of the mouth was caused by service exposure to Agent Orange, as the evidence of record met the low threshold that triggers the need for such an opinion under 38 U.S.C. § 5103A(d)(2)(B).
- Claimed conditions
- squamous cell carcinoma of the floor of the mouth
- How they argued it
- Presumptive (no nexus needed)
- Exposure basis
- Agent Orange / herbicides
- Rating assigned
- None in this decision
- Decision date
- October 10, 2014
- Citation
- 1445279
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 1445279.
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 squamous cell carcinoma of the tongue and floor of the mouth is not service connected as it is not related to his active service, including exposure to herbicide agents. The Board found that there was no evidence linking the cancer to his time in Vietnam.
- Denied
The Veteran's claim for service connection for residuals of cancer of the floor of the mouth was denied as there is no evidence that the condition was incurred in or aggravated by active service, including exposure to herbicide agents. The Board found that the cancer was not a presumptive disease associated with Agent Orange exposure and did not manifest within one year of service separation.
- Granted
The Board found that the Veteran's squamous cell carcinoma of the floor of the mouth was not clearly erroneous and granted service connection on a direct basis, thus denying severance.
- Granted
The Board has granted a 70% disability evaluation for the Veteran's service-connected mood disorder, effective from July 2013. The Veteran is also entitled to attorney fees related to this decision. The claim for service connection for squamous cell carcinoma of the floor of the mouth was denied as there was no evidence linking the condition to his military service. The TDIU claim has been granted since March 4, 2008.
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