The Board has decided to remand the case due to pre-decisional duty-to-assist errors, specifically failing to obtain an examination for the need of aid and attendance from a VA provider. The AOJ is instructed to conduct such an examination that addresses only the Veteran's service-connected disabilities.
The deciding factor: The Board found that the AOJ did not properly consider the Veteran's service-connected disabilities in determining his need for aid and attendance, leading to pre-decisional error.
- Claimed conditions
- epiglottis cancer, tonsil cancer
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 23, 2024
- Citation
- A24068311
Veterans Law Judge
Decisions by this judge: 709 · Granted: 38% (granted or partly granted, in the vetted decisions on this site)
Judge attribution: 2025 complete; earlier years partial.
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 A24068311.
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 appeal for service connection of tonsil cancer is remanded to obtain a medical opinion on whether the condition was caused or aggravated by the veteran's service-connected PTSD with alcohol dependence.
- Granted
Service connection for both tonsil cancer and prostate cancer has been granted based on the Veteran's in-service asbestos exposure.
- Granted
The Board has granted service connection for tonsil cancer and neck cancer, finding that the Veteran's current disabilities are at least as likely as not related to his military service due to exposure to Agent Orange in Vietnam.
- Granted
The Veteran's tonsil cancer is granted as service-connected, with the Board finding that it is at least as likely as not related to his active-duty service exposure to contaminated water at Camp Lejeune.
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