The Board has dismissed the Veteran's appeals for service connection for cancer of the lymph nodes of the neck and squamous cell carcinoma of the right tongue.
The deciding factor: The appeal was dismissed due to a duplicate Notice of Disagreement filed by the Veteran, which is not allowed under VA regulations.
- Claimed conditions
- cancer of the lymph nodes of the neck, squamous cell carcinoma of the right tongue
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- December 19, 2024
- Citation
- A24085106
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 A24085106.
What this means for you
A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot. It says more about procedure than about whether a claim like this can win.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Granted
The Veteran's claims for service connection for squamous cell carcinoma of the left tonsil and right tongue are granted as new and material evidence has been submitted. The cases are remanded to further develop the medical records needed to determine if HPV was present in the cancerous tissue.
- Denied
The Board found that the Veteran's lung cancer, lymph node cancer, and prostate cancer were not service-connected due to lack of evidence of in-service exposure to herbicides. The Veteran did not have a confirmed period of service in Vietnam or along the DMZ in Korea during the qualifying period for herbicide exposure.
- Remanded (sent back)
The Veteran's squamous cell carcinoma of the right tongue is being remanded for a new VA examination to determine if it is at least as likely as not related to his active military service, including herbicide exposure. The presumption of service connection does not apply due to lack of soft tissue sarcoma.
- Remanded (sent back)
The Board has determined that additional development is necessary before the underlying claim for service connection can be adjudicated on the merits. This includes obtaining deck logs from U.S.S. YARNELL, attempting to obtain medical records from PERS, and scheduling a VA examination.
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