Citation Nr: 21005115 Decision Date: 01/29/21 Archive Date: 01/29/21 DOCKET NO. 16-19 390 DATE: January 29, 2021 REMANDED Entitlement to service connection for cancer of the left tonsil and tongue, to include as due to exposure to herbicide agents, is remanded. REASONS FOR REMAND The Veteran served on active duty from November 1965 to November 1967. This appeal has been advanced on the Board’s docket pursuant to 38 C.F.R. § 20.900(c). 38 U.S.C. § 7107(a)(2). In December 2020, the Veteran testified at a videoconference hearing before the undersigned Veterans Law Judge. A transcript of the hearing is associated with the claims file. Unfortunately, for the reasons described below, this matter must be remanded for additional development. Although the Board regrets the additional delay, it is necessary to ensure that there is a complete record upon which to decide this claim so that the Veteran is afforded every possible consideration. The Veteran seeks entitlement to service connection for cancer of the left tonsil and tongue, which he contends was caused by exposure to herbicide agents during service. The Board notes that VA has conceded the Veteran’s exposure to herbicide agents. The Veteran has not been afforded a VA examination and an opinion has not been obtained that addresses the nature and etiology of the Veteran’s left tonsil and tongue cancer, to include whether the disease was caused by in-service exposure to herbicide agents. As such, the Board finds that remand is warranted to obtain a VA medical opinion on the Veteran’s behalf before the Board can make an informed decision on the claim. See 38 U.S.C. § 5103A(d); McLendon v. Nicholson, 20 Vet. App. 79 (2006); Douglas v. Shinseki, 23 Vet. App. 19, 26 (2009). The matters are REMANDED for the following action: 1. Forward the Veteran’s claims file to a VA physician of appropriate expertise to obtain a medical opinion that assesses the nature and etiology of the Veteran’s left tonsil and tongue cancer. The examiner must review the Veteran’s entire claims file, to include a copy of this remand, and that review must be noted in the report. If the examiner determines that an opinion cannot be provided without an examination, then the Veteran should be scheduled for one. 2. Following a thorough review of the Veteran’s entire medical history, the examiner is asked to provide a fully-articulated medical opinion addressing the following: Is it at least as likely as not (50 percent probability or greater) that the Veteran’s left tonsil and tongue cancer was incurred in or otherwise caused by any in-service disease, event, or injury, to include presumed exposure to herbicide agents? 3. In responding to the above, the examiner must opine as to whether the condition is directly related to the Veteran’s presumed herbicide agent exposure during service. A medical opinion that concludes that a disease is not related to herbicide exposure solely because there is no presumption of service connection is inadequate. 4. The examiner must provide a complete rationale for any opinion expressed, citing to the examiner’s clinical experience, medical expertise, and established medical principles, as necessary. If the examiner is unable to provide an opinion without resorting to speculation, he or she should explain why this is so and what, if any, additional evidence would be necessary before an opinion could be rendered. John J. Crowley Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board V. Woehlke The Board’s decision in this case is binding only with respect to the instant matter decided. This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.