The Board previously remanded the appeal to seek a medical opinion as to whether the Veteran's nicotine dependence, which is secondary to his service-connected cervical spine arthritis, could be considered for service connection. The VA examiner provided an opinion that it was less likely than not that the Veteran’s tobacco use was caused or aggravated by his service-connected neck disability. The Board has now remanded the case for a new addendum opinion from another appropriate medical professional.
The deciding factor: The VA examiner's opinions regarding causation and aggravation were deemed inadequate due to lack of consideration of relevant medical evidence and lay assertions, as well as speculative reasoning about humanly possible cigarette consumption.
- Claimed conditions
- squamous cell carcinoma
- How they argued it
- Secondary to another service-connected condition
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- July 8, 2020
- Citation
- 20045639
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 20045639.
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.
- Granted
The Veteran's squamous cell carcinoma is granted as secondary to his service-connected eczema and psoriasis. The initial compensable evaluation for toenail psoriasis remains denied.
- Dismissed
The Board has dismissed the Veteran's appeals for service connection of squamous cell carcinoma, basal cell carcinoma, and actinic keratosis as the appeal is considered duplicative of a previous decision.
- Partly granted
The Board has determined that the severance of service connection for neoplasm hard and soft tissue of the mouth was improper, as there is conflicting medical evidence regarding the cause of the condition. The Veteran's conditions are related to his active duty service.
- Denied
The Board denied service connection for the cause of death due to squamous cell carcinoma, finding that there is no evidence linking it to herbicide agent exposure in Vietnam.
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