The Board has remanded the claims for service connection for oral pharyngeal cancer (claimed as larynx cancer) and the cause of death due to a duty to assist error. The AOJ is instructed to obtain all relevant treatment records, including from NHRMC Radiation Oncology and Wilmington ENT, and provide an opinion regarding the nature and etiology of the Veteran's hypopharyngeal cancer.
The deciding factor: The Board found that there was a pre-decisional duty to assist error in obtaining relevant medical records and determining the nature of the Veteran's diagnosed cancer.
- Claimed conditions
- oral pharyngeal cancer, larynx cancer
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 30, 2022
- Citation
- A22024278
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 A22024278.
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 Board has granted the Veteran's claim for service connection for larynx cancer, finding that there is at least an even balance of evidence to support a link between the condition and toxic exposures in service. The decision resolves any doubt in favor of the Veteran.
- Dismissed
The veteran's appeal for service connection and increased rating for larynx cancer was dismissed due to untimeliness.
- Denied
The Board denied the veteran's claims for increased ratings and remanded additional issues related to oral cancer and larynx cancer.
- 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.
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