The Board previously denied the Veteran's claim for service connection for a tonsil disability, including left tonsil squamous cell carcinoma. The Court of Appeals for Veteran’s Claims has ordered a remand due to lack of substantial compliance with previous instructions regarding examination findings and rationale. A new VA examiner opinion is needed to properly adjudicate the Veteran's claim.
The deciding factor: The decision was based on the absence of association between asbestos exposure in service and the development of tonsillar cancer.
- Claimed conditions
- tonsil disability, left tonsil squamous cell carcinoma
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- December 5, 2019
- Citation
- 19191515
Veterans Law Judge
Decisions by this judge: 2,642 · Granted: 19% (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 19191515.
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.
- Partly granted
The Veteran's claim for service connection for a tonsil disability was denied. The claims for back, right shoulder, left shoulder, right hip, and headache disabilities were remanded for further examination.
- Remanded (sent back)
The Board has decided to remand the case due to inadequate medical opinions and incomplete evidence, including a TERA memorandum. The Veteran's claim for service connection for left tonsil squamous cell carcinoma or residuals is being returned for further development.
- Granted
The Board has granted service connection for left tonsil squamous cell carcinoma, finding that the evidence is at least evenly balanced as to whether it was related to in-service exposure to Agent Orange. As a result of resolving reasonable doubt in favor of the appellant, the claim is now granted.
- Granted
The Board has granted service connection for bilateral shin splints. Service connection is remanded for tonsil disability and bilateral eye disability.
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