The Board has remanded the case due to an error in not considering a National Academies of Sciences, Engineering & Medicine's (NAS) 2014 report which discusses that some oral cavity cancers have a viral HPV etiology consistent with the hypothesis that herbicide exposure may have increased susceptibility to HPV. The Veteran is asked to be examined for toxic exposure risk activities and an opinion on whether his squamous cell carcinoma is related to Agent Orange exposure.
The deciding factor: The Board found the August 2022 VA examination inadequate as it did not discuss specific findings in the 2014 NAS report regarding increased susceptibility to HPV infection due to herbicide exposure, leading to a higher likelihood of developing squamous cell carcinoma.
- Claimed conditions
- squamous cell cancer
- How they argued it
- Reopened with new and material evidence
- Exposure basis
- Agent Orange / herbicides
- Rating assigned
- None in this decision
- Decision date
- August 5, 2024
- Citation
- A24043590
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 A24043590.
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 Veteran's claims for service connection for basal cell cancer and squamous cell cancer due to a pre-decisional duty-to-assist error regarding the adequacy of VA medical opinions.
- 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.
Free starter guide for your own claim
Reading this because you were denied or under-rated? Get the plain-English next steps — your appeal options, the deadline that protects you, and how appeals like yours turn out. One email, no spam.
We will only use this to send the guide. No spam, unsubscribe any time. We never sell your information.
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.