The Board remands the issue of entitlement to service connection for squamous cell carcinoma of the right tongue base with neck metastasis due to a duty to assist error, requiring an opinion from a health care provider on the relationship between the Veteran's disability and his acknowledged exposure to herbicides in service.
The deciding factor: The AOJ did not obtain a medical opinion to determine the nature and etiology of the Veteran's disability, even though evidence indicated a nexus between his disability and his acknowledged exposure to herbicides in service.
- Claimed conditions
- squamous cell carcinoma (SCC) of right tongue base with neck metastasis
- How they argued it
- Reopened with new and material evidence
- Exposure basis
- Agent Orange / herbicides
- Rating assigned
- None in this decision
- Decision date
- October 18, 2024
- Citation
- A24067167
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.
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The Board remands the claim for service connection for tinnitus to correct a duty to assist error, as the Veteran's lay statements regarding onset and continuity of symptoms were not adequately considered in the previous decision.
- Dismissed
The appeal for service connection for a left-hand condition is dismissed as the Veteran was granted service connection for mononeuropathy to the left hand fourth finger with parasthesia of skin in an October 2025 rating decision.
- Remanded (sent back)
The Board remands the claims for service connection for unspecified anxiety disorder and major depressive disorder to obtain an adequate medical opinion regarding their etiology.
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