The appeals for service connection of the left-hand condition, right-hand condition, bilateral hearing loss, tinnitus, asbestosis, lung cancer, and squamous cell carcinoma of the tonsillar area (head/neck cancer) are dismissed. The appeal seeking entitlement to service connection for lung cancer is remanded.
The deciding factor: The Veteran's exposure to herbicide agents used in Vietnam is presumed based on his service aboard the USS ELKHORN. However, there is no affirmative evidence of record showing an intercurrent etiology for his subsequently-diagnosed lung cancer.
- Claimed conditions
- {"condition_name":"left-hand condition"}, {"condition_name":"right-hand condition"}, {"condition_name":"bilateral hearing loss"}, {"condition_name":"tinnitus"}, {"condition_name":"asbestosis"}, {"condition_name":"lung cancer"}, {"condition_name":"squamous cell carcinoma of the tonsillar area (head/neck cancer)"}
- How they argued it
- Presumptive (no nexus needed)
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- April 30, 2019
- Citation
- 19133520
What this means for you
A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot. It says more about procedure than about whether a claim like this can win.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Remanded (sent back)
The Board remands the claim for a medical opinion addressing whether the Veteran's left eye condition is related to service, as it found that the condition did not preexist service.
- Granted
The Board granted service connection for prostate cancer, related to in-service exposures at Camp Lejeune.
- Granted
The Veteran is granted an effective date of August 10, 2022, for the grant of service connection for sinusitis based on the PACT Act.
- Granted
The Board granted service connection for left and right lower extremity peripheral neuropathy, finding that the conditions are related to in-service herbicide agent exposure.
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