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
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 Veteran's claims for service connection for various conditions, including peripheral neuropathy of the upper extremities, neck disability, left knee disability, bilateral pes planus, tonsil condition, and headaches are remanded due to new evidence received since the last final denial. The VA is directed to schedule the Veteran for examinations to determine the nature and etiology of these conditions.
- Denied
The Board has denied the veteran's claims for service connection for various conditions, including tonsil disability, left knee and ankle disability, lower extremity swelling, eye disorder, and skin disorder. The evidence does not support a finding of current disabilities or a link to military service.
- Granted
The Board granted service connection for obstructive sleep apnea, effective from the date of the February 2025 rating decision.
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