The Veteran's claim for service connection for cancer of the mouth, throat, or respiratory tract is remanded due to new evidence submitted after a previous denial. The Board finds that the evidence does not meet the standard for 'new and relevant' evidence as it pertains to esophageal cancer but considers squamous cell carcinoma of the oropharynx related to Agent Orange exposure.
The deciding factor: The new evidence, while not directly pertaining to esophageal cancer, is considered relevant due to its connection to a different type of cancer (squamous cell carcinoma of the oropharynx) that may be linked to Agent Orange exposure and could affect the same anatomical areas as esophageal cancer.
- Claimed conditions
- cancer of the mouth, cancer of the throat, cancer of the respiratory tract
- How they argued it
- Secondary to another service-connected condition
- Exposure basis
- Agent Orange / herbicides
- Rating assigned
- None in this decision
- Decision date
- November 20, 2023
- Citation
- A23032766
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. Read the original VA decision (opens in a new tab) using citation A23032766.
What this means for you
A remand sends an issue back for more development, often a new examination or missing records. It does not award the benefit or decide the final outcome. The original decision explains the additional work ordered.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Remanded (sent back)
The Board has denied service connection for nerves (physical condition) due to a lack of evidence showing the presence of a current disability. The claims for cancer of the throat and nerves (mental condition) are remanded as there may be relevant private treatment records that have not been obtained.
- Remanded (sent back)
The Board has remanded the case due to insufficient evidence regarding the cause of death and its relation to service. The Appellant needs to provide additional private treatment records, and a VA clinician will need to review these records to determine if the Veteran's cause of death was misdiagnosed or related to in-service exposure at Camp Lejeune.
- Remanded (sent back)
The Board remands the claim for service connection for throat cancer to the Under Secretary for Health for a dose estimate of the Veteran's exposure to ionizing radiation, and if necessary, to the Under Secretary for Benefits for further consideration.
- Dismissed
The Board has dismissed the appeals for service connection of cancer of the throat, post-traumatic stress disorder, and depression as they have been granted in a previous rating decision.
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