The Veteran's claim for service connection for carcinoma of the tongue is remanded due to a duty-to-assist error. The VA must obtain and associate with the claims file any outstanding private treatment records from Dr. Tijani or his oncologist, and request a medical opinion regarding whether the cancer had its clinical onset during active-duty service or is otherwise etiologically related to it, including exposure to an herbicide agent.
The deciding factor: The VA failed to obtain all relevant private treatment records and did not provide a VA examination as required by McLendon v. Nicholson (2006).
- Claimed conditions
- carcinoma of the tongue
- How they argued it
- Presumptive (no nexus needed)
- Exposure basis
- Agent Orange / herbicides
- Rating assigned
- None in this decision
- Decision date
- July 10, 2024
- Citation
- A24036852
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 A24036852.
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 has remanded the Veteran's claim for service connection for carcinoma of the tongue, finding that a VA medical opinion is needed to address the etiology of his condition and considering whether it is at least as likely as not attributable to his exposure to contaminated water at Camp Lejeune.
- Remanded (sent back)
The Board has decided to remand the case due to insufficient rationale in the previous VA examination regarding the Veteran's oropharyngeal cancer and exposure to burn pits. The claim will be reviewed again with a new opinion.
- Remanded (sent back)
The Board has remanded the case due to insufficient medical opinion regarding the cause of death and the need for additional development.
- Granted
The Veteran's carcinoma of the tongue is granted service connection due to presumed exposure to Agent Orange during his military service in Vietnam.
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