The Board has decided to remand the case due to insufficient evidence regarding whether the Veteran's cancer originated in his larynx, which is a key factor for determining service connection. Additional medical records are needed to make this determination.
The deciding factor: The site of origin of the Veteran’s cancer needs to be determined to decide if it qualifies as a presumptive condition due to herbicide exposure.
- Claimed conditions
- sepsis, head and neck cancer, squamous cell carcinoma involving left tonsil, pharynx, and larynx
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 8, 2019
- Citation
- 19184851
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.
- Remanded (sent back)
The Board remands the claims for service connection for cause of death and dependency and indemnity compensation (DIC) benefits due to a pre-decisional duty to assist error regarding the appeal for service connection for cause of death.
- Remanded (sent back)
The Board remands the claim for service connection for cause of death to correct a pre-decisional duty to assist error related to the Veteran's exposure to contaminated water at Camp Lejeune.
- Remanded (sent back)
The Board remands the claims for service connection for the cause of the Veteran's death and DIC under 38 U.S.C. § 1318 due to an inadequate medical opinion and a need for additional development regarding potential exposures during service.
- Denied
The Board denied the claim for service connection for the cause of the Veteran's death, as sepsis and liver disease were not shown to be related to his service or any incident during it.
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.