The Board is remanding the case to obtain a new VA medical opinion that addresses specific risk factors and the time between in-service herbicide exposure and the development of SCC.
The deciding factor: The previous VA medical opinion was deemed inadequate by the Court, as it did not address the Veteran's specific circumstances and risk factors.
- Claimed conditions
- larynx cancer, squamous cell carcinoma (SCC) of the neck
- How they argued it
- Direct service connection
- Exposure basis
- Agent Orange / herbicides
- Rating assigned
- None in this decision
- Decision date
- January 8, 2024
- Citation
- 24001265
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.
- Dismissed
The veteran's appeal for service connection and increased rating for larynx cancer was dismissed due to untimeliness.
- 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.
- Remanded (sent back)
The Board remands the matter for further development, including obtaining a new medical opinion from a board-certified oncologist or another appropriate specialist.
- Remanded (sent back)
The Board remands the claims for service connection for larynx cancer, left lower extremity peripheral neuropathy, and right lower extremity peripheral neuropathy to correct duty to assist errors that occurred prior to the rating decision on appeal.
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