The Veteran's claim for service connection to cancer of the throat (squamous cell carcinoma of the right tonsil) is being remanded due to uncertainty about its relation to his presumed herbicide exposure. The Board requests an opinion on whether the cancer is related to service, even though it is not listed as a presumptive disease.
The deciding factor: The Veteran's squamous cell carcinoma of the right tonsil was diagnosed post-service and is not among the diseases that are presumptively linked with herbicide exposure. However, service-connection may still be established on a direct basis due to his established herbicide exposure under Combee v. Brown.
- Claimed conditions
- squamous cell carcinoma of the right tonsil
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- December 18, 2022
- Citation
- 22069909
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 22069909.
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 matter for a new VA medical opinion addressing all of the Veteran's claimed in-service toxic exposures, including herbicide agents, asbestos, concrete dust, burning waste, asphalt, and related chemicals.
- Remanded (sent back)
The Board remanded the case to obtain additional medical opinions regarding the Veteran's claim for service connection of squamous cell carcinoma of the right tonsil due to toxic exposure in service.
- Granted
The Veteran's claims for earlier effective dates for bilateral hearing loss and tinnitus have been denied as there was no prior claim filed before October 14, 2019.,New evidence has been received to support the service connection claims for squamous cell carcinoma of the right tonsil and adenocarcinoma with signet ring cells. These claims are now granted.
- Denied
The Veteran's claim for service connection for chronic fatigue as secondary to squamous cell carcinoma of the right tonsil is denied. The Board also remanded the issue of entitlement to a total disability rating based on individual unemployability due to service-connected disabilities (TDIU).
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.