The Board has granted service connection for the cause of the Veteran's death due to oropharyngeal carcinoma, which is presumed to have been caused by herbicide exposure during service.,The claim for DIC benefits under 38 U.S.C. § 1318 was dismissed as the cause of death was already established through service connection.
The deciding factor: The Board found that the evidence was in relative equipoise regarding whether Agent Orange exposure contributed to the Veteran's hypopharyngeal squamous cell carcinoma, which caused his death.,As the cause of death was established through service connection for the cause of death, the DIC claim under 38 U.S.C. § 1318 was moot and dismissed.
- Claimed conditions
- oropharyngeal carcinoma, hypopharyngeal squamous cell carcinoma
- How they argued it
- Presumptive (no nexus needed)
- Exposure basis
- Agent Orange / herbicides
- Rating assigned
- None in this decision
- Decision date
- September 16, 2020
- Citation
- 20061011
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 20061011.
What this means for you
A grant means the Board agreed the veteran was entitled to the benefit. Decisions like this show the kind of evidence and arguments that tend to succeed for claims like it.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Partly granted
The veteran's service connection for hypopharyngeal squamous cell carcinoma and related conditions was granted. Service connection for cataracts was denied, and issues regarding dry mouth and teeth removal were remanded.
- Dismissed
The Veteran's appeal for service connection for hypopharyngeal squamous cell carcinoma has been dismissed due to the death of the Veteran before a decision could be made.
- Granted
The Board has jurisdiction to consider the merits of the appeal for oropharyngeal carcinoma under the legacy appeals system, finding that the December 2018 Notice of Disagreement was adequate and timely.
- Granted
The Veteran's claim for service connection for oropharyngeal carcinoma, related to his in-service exposure to herbicide agents, is granted. The Board found that the evidence supports a causal link between the Veteran's exposure and his cancer.
Free starter guide for your own claim
Reading this because you were denied or under-rated? Get the plain-English next steps — your appeal options, the deadline that protects you, and how appeals like yours turn out. One email, no spam.
We will only use this to send the guide. No spam, unsubscribe any time. We never sell your information.
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.