The Veteran's oropharyngeal cancer is presumed to be due to exposure to herbicide agents, but the Board finds that a remand is necessary for a new medical opinion regarding whether it is at least as likely as not related to his service.
The deciding factor: The VA examiner's opinion was based solely on the fact that oropharyngeal cancer is not on the list of presumptive conditions, without considering the likelihood that the cancer could still be related to service due to individual risk factors.
- Claimed conditions
- oropharyngeal cancer
- How they argued it
- Presumptive (no nexus needed)
- Exposure basis
- Agent Orange / herbicides
- Rating assigned
- None in this decision
- Decision date
- May 10, 2022
- Citation
- 22027668
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 22027668.
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.
- Denied
The Board denied the Veteran's claim for service connection for oropharyngeal cancer, finding that it is not related to his in-service exposure and instead caused by his long-term tobacco use.
- Granted
The Veteran's oropharyngeal cancer with soft palate reconstruction is granted service connection, and the claim for a dental disability secondary to this condition is remanded.
- Partly granted
The Board granted service connection for oropharyngeal cancer, cervical node involvement of cancer, and loss of taste on a direct basis due to Agent Orange exposure. A rating of 60 percent was assigned for chronic obstructive pulmonary disease (COPD), and the Veteran's TDIU claim was also granted.
- Remanded (sent back)
The Board remands the issue of entitlement to service connection for oropharyngeal cancer due to a need for a new medical opinion addressing the Veteran's toxic exposures and alcohol abuse as secondary to his service-connected PTSD.
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.