The Board has remanded the claims of service connection for rectal cancer (adenocarcinoma) and squamous cell carcinoma of the right tonsil due to a duty to assist error. Further development is required, including obtaining VA medical opinions regarding the nature and etiology of these conditions based on the PACT Act requirements.
The deciding factor: The Board found that there was a duty to assist error in the initial decision and requires additional development, specifically related to toxic exposure claims under the PACT Act.
- Claimed conditions
- rectal cancer (adenocarcinoma), squamous cell carcinoma of the right tonsil
- How they argued it
- Direct service connection
- Exposure basis
- Burn pits / airborne hazards
- Rating assigned
- None in this decision
- Decision date
- May 1, 2024
- Citation
- A24022500
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 A24022500.
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).
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