The Board has decided to remand the Veteran's claims for service connection for larynx cancer, pharyngeal cancer, metastatic lung lesion (claimed as lung cancer), and trachea cancer due to presumed exposure to herbicides. A VA medical opinion is needed to determine if these conditions are related to his active service.
The deciding factor: The Board found that a remand was necessary for further development regarding the Veteran's claims for service connection for larynx, pharyngeal, trachea, and lung cancer due to presumed exposure to herbicides. The VA examiner did not provide an opinion as to whether these conditions were directly related to his active service.
- Claimed conditions
- larynx cancer, pharyngeal cancer, metastatic lung lesion (claimed as lung cancer), trachea cancer
- How they argued it
- Presumptive (no nexus needed)
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 21, 2020
- Citation
- 20004254
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 claim for a new medical opinion to address the Veteran's pharyngeal cancer and its potential relation to service, due to an inaccurate factual premise in the previous medical opinion.
- Dismissed
The veteran's appeal for service connection and increased rating for larynx cancer was dismissed due to untimeliness.
- Partly granted
The Board granted service connection for esophageal cancer, benign prostate hypertrophy, and erectile dysfunction secondary to the now service-connected benign prostate hypertrophy. The claims for larynx cancer, peripheral neuropathy of the upper and lower extremities, diabetes, an acquired psychiatric disorder, and a stomach disorder were denied.
- Remanded (sent back)
The Board remands the matter for further development, including obtaining a new medical opinion from a board-certified oncologist or another appropriate specialist.
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