The Board has remanded the case due to a pre-decisional error in not obtaining a new VA examination regarding the Veteran's squamous cell carcinoma (SCC) of the lip, specifically related to in-service sun exposure and/or conceded in-service exposure to herbicide agents.
The deciding factor: There is a pre-decisional error in not obtaining a new VA examination at which time a VA examiner can obtain additional information regarding service, specifically in-service sun exposure, in order to provide an adequate opinion.
- Claimed conditions
- squamous cell carcinoma (SCC)
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 14, 2023
- Citation
- A23031875
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 A23031875.
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 granted service connection for squamous cell carcinoma based on the Veteran's toxic exposures in service.
- Remanded (sent back)
The Board remands the claims for a skin disability and hernias to obtain additional medical opinions, as the previous VA examinations are found insufficient.
- Remanded (sent back)
The Board has remanded the Veteran's claim due to a pre-decisional error, and will consider any additional evidence submitted when the claim is readjudicated. The issue of service connection for SCC is not currently before the Board.
- Granted
The Veteran's tinnitus was granted service connection based on his reported noise exposure during service. Service connection for hearing loss and prostate cancer were denied due to lack of evidence meeting VA criteria for disability, while the colostomy associated with prostate cancer was also denied.
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