The Board previously denied service connection for squamous cell carcinoma of the hypopharynx. The Court remanded the case due to insufficient reasons and bases provided by the Board regarding the potential link between in-service herbicide exposure and the cancer.
The deciding factor: The Court found that VA did not attempt to obtain a medical opinion addressing whether the Veteran's hypopharyngeal cancer is related to in-service herbicide exposure, which was plausible given the evidence.
- Claimed conditions
- squamous cell carcinoma of the hypopharynx
- How they argued it
- Presumptive (no nexus needed)
- Exposure basis
- Gulf War
- Rating assigned
- None in this decision
- Decision date
- April 8, 2019
- Citation
- 19125796
Veterans Law Judge
Decisions by this judge: 1,987 · Granted: 15% (granted or partly granted, in the vetted decisions on this site)
Judge attribution: 2025 complete; earlier years partial.
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 19125796.
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.
- Dismissed
The claims for service connection and TDIU from April 1, 2015 have been granted by a VA rating decision dated April 2020. The Board has dismissed the appeal due to lack of jurisdiction as the claims are moot.
- Remanded (sent back)
The Board has remanded the Veteran's claims for service connection and TDIU due to a need for further medical examination regarding his squamous cell carcinoma of the hypopharynx, which is presumed to be related to herbicide exposure during service.
- Granted
The Board has determined that the Veteran's death was caused by squamous cell carcinoma of the hypopharynx, which is a metastasis of primary laryngeal cancer. Given his exposure to Agent Orange in Vietnam and the presumption of service connection for respiratory cancers associated with herbicide exposure, the cause of death is presumed related to service.
- Denied
The Board has determined that the Veteran's squamous cell carcinoma of the hypopharynx and larynx cancer were not incurred in or aggravated by active service, and neither cancer may be presumed to have been incurred therein.
Free starter guide for your own claim
Reading this because you were denied or under-rated? Get the plain-English next steps — your appeal options, the deadline that protects you, and how appeals like yours turn out. One email, no spam.
We will only use this to send the guide. No spam, unsubscribe any time. We never sell your information.
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.