The Board remands the case for the AOJ to issue a statement of the case addressing the claim for a higher initial rating and entitlement to special monthly compensation based on aid and attendance.
The deciding factor: Remand is required as the AOJ has not prepared an SOC in response to the Veteran's August 2019 Legacy NOD, which was timely and valid.
- Claimed conditions
- Oropharyngeal cancer, Squamous cell carcinoma of the base of the tongue
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- April 21, 2025
- Citation
- 25005357
Veterans Law Judge
Decisions by this judge: 2,500 · Granted: 29% (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 25005357.
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.
- Denied
The Veteran's cause of death was not service-connected, and he did not meet the criteria for DIC under 38 U.S.C. § 1318.
- Remanded (sent back)
The Board has decided to remand the case due to the need for additional development regarding the cause of death and service connection claims. The Veteran's COPD and oropharyngeal cancer are not presumed diseases related to herbicide agent exposure, but may still be service-connected on a direct basis. The claim will be reviewed after obtaining updated medical records and opinions from an expert.
- Granted
The Veteran's oropharyngeal cancer is considered a respiratory cancer associated with herbicide exposure, and service connection for this condition on a presumptive basis is granted. The kidney disorder claim remains pending as the VA has not provided an opinion regarding its etiology.
- Granted
The Veteran's service-connected disabilities, including type II diabetes mellitus and arteriosclerotic heart disease, have rendered him unemployable. Service connection for oropharyngeal cancer was denied due to lack of evidence linking the condition to service. Type II diabetes mellitus is presumed related to Agent Orange exposure in service.
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