The Board remands the claim for service connection for squamous cell cancer due to a lack of compliance with previous remand directives.
The deciding factor: The VA examiner's opinion did not comply with the Board's remand directives regarding a VA medical opinion based solely on presumptive service connection under 38 C.F.R. § 3.309(e).
- Claimed conditions
- squamous cell cancer
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 24, 2024
- Citation
- 24003682
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.
- Partly granted
The Board granted service connection for squamous cell cancer and denied the claims for an earlier effective date, service connection for implanted cardiac pacemaker, and several other conditions.
- Remanded (sent back)
The Board remands the claims for service connection for neuropathy, a sinus disability, squamous cell cancer, and COPD due to the need for VA examinations to determine the nature and etiology of these conditions.
- Granted
The Board granted service connection for squamous cell cancer, considering it presumptively related to the Veteran's in-service exposure to herbicide agents during his service in Vietnam.
- Partly granted
The appeal for multiple myeloma was dismissed due to withdrawal. The appeal for squamous cell cancer was remanded for further examination.
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