The Board has decided to remand the case due to insufficient medical opinions regarding the Veteran's squamous cell carcinoma of the tonsil, right retromolar trigone and right palate. The VA needs to obtain updated treatment records and provide a new opinion addressing whether these conditions are related to service or secondary to his service-connected chronic myelogenous leukemia.
The deciding factor: The Board found that the existing medical opinions were insufficient to address the Veteran's claims for service connection due to exposure at Camp Lejeune and secondary service connection for his service-connected condition.
- Claimed conditions
- squamous cell carcinoma of the tonsil, right retromolar trigone, right palate
- How they argued it
- Aggravation of a pre-existing condition
- Exposure basis
- Camp Lejeune water
- Rating assigned
- None in this decision
- Decision date
- June 5, 2019
- Citation
- 19143397
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 Board denied the Veteran's claim for service connection for squamous cell carcinoma of the tonsil, finding that there was no evidence linking the cancer to his military service or toxic exposures.
- Remanded (sent back)
The Veteran's squamous cell carcinoma of the tonsil, traumatic arthritis, cervical spine, cervical radiculopathy, left upper extremity, and PTSD are all remanded for further examination and rating determinations.
- Denied
The Board found that the veteran's squamous cell carcinoma of the tonsil was not incurred in or aggravated by his active duty service, nor may it be presumed to have been incurred in or aggravated by such service. The evidence did not support a finding of direct service connection and the presumptive provisions under 38 C.F.R. § 3.309(d) were not applicable due to lack of participation in a radiation-risk activity.
- Denied
The Board denied the veteran's claims for service connection for squamous cell carcinoma of the tonsil and TDIU. The cancer was not shown to be related to his military service, Agent Orange exposure, or a service-connected disability.
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